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Article
29 - Participation in political and public life
Background Documents | Article
29 Background
Seventh Session | Sixth Session | Fourth
Session | Third Session
Working Group | References
References
International
human rights conventions and other legal instruments
• ICESCR:
International Covenant on Economic, Social and Cultural Rights
• ICCPR: International Covenant on Civil and Political Rights
• CERD: Committee on the Elimination of Racial Discrimination
• CEDAW: Convention on the Elimination of All Forms of Discrimination
against Women
• CAT: Convention Against Torture
• CRC: Convention on the Rights of the Child
• ILO Convention 159: Vocational Rehabilitation and Employment
(Disabled Persons)
• ILO Recommendation 168: Vocational Rehabilitation and Employment
(Disabled Persons)
• UNESCO CDE: Convention against Discrimination in Education
Article 29
Related to para. 1 (a)(iii)
ICCPR, Article 25(a) and (b): Every citizen shall have the right and the opportunity,
without any of the distinctions mentioned in article 2 and without unreasonable
restrictions:
(a) To take part in the conduct of public affairs, directly or through freely
chosen representatives;
(b) To vote and to be elected at genuine periodic elections which shall be
by universal and equal suffrage and shall be held by secret ballot, guaranteeing
the free expression of the will of the electors;
CERD, Article 5(c): In compliance with the fundamental obligations laid down
in article 2 of this Convention, States Parties undertake to (…) guarantee
the right of everyone, without distinction as to race, colour, or national
or ethnic origin, to equality before the law, notably in the enjoyment of the
following rights:…(c) Political rights, in particular the right to participate
in elections - to vote and to stand for election - on the basis of universal
and equal suffrage…
CEDAW, Article 7(a): States Parties shall take all appropriate measures to
eliminate discrimination against women in the political and public life of
the country and, in particular, shall ensure to women, on equal terms with
men, the right: (a) To vote in all elections and public referenda and to be
eligible for election to all publicly elected bodies;
CMW, Article 41:
1. Migrant workers and members of their families shall have the right to participate
in public affairs of their State of origin and to vote and to be elected at
elections of that State, in accordance with its legislation.
2. The States concerned shall, as appropriate and in accordance with their
legislation, facilitate the exercise of these rights.
CMW, Article 42(2) and (3):
2. States of employment shall facilitate, in accordance with their national
legislation, the consultation or participation of migrant workers and members
of their families in decisions concerning the life and administration of
local communities.
3. Migrant workers may enjoy political rights in the State of employment
if that State, in the exercise of its sovereignty, grants them such rights.
Related to para. 1 (b)
ICCPR, Article 25(a) and (c): Every citizen shall have the right and the opportunity,
without any of the distinctions mentioned in article 2 and without unreasonable
restrictions:
(a) To take part in the conduct of public affairs…
(c) To have access, on general terms of equality, to public service in his
country.
CERD, Article 5(c): In compliance with the fundamental obligations laid down
in article 2 of this Convention, States Parties undertake to (…) guarantee
the right of everyone, without distinction as to race, colour, or national
or ethnic origin, to equality before the law, notably in the enjoyment of the
following rights:…(c) Political rights, in particular the right (…)
to take part in the Government as well as in the conduct of public affairs
at any level and to have equal access to public service;
CEDAW, Article 7(b): States Parties shall take all appropriate measures to
eliminate discrimination against women in the political and public life of
the country and, in particular, shall ensure to women, on equal terms with
men, the right: …
(b) To participate in the formulation of government policy and the implementation
thereof and to hold public office and perform all public functions at all levels
of government;
CEDAW, Article 8: States Parties shall take all appropriate measures to ensure
to women, on equal terms with men and without any discrimination, the opportunity
to represent their Governments at the international level and to participate
in the work of international organizations.
CMW, Article 41(1):
1. Migrant workers and members of their families shall have the right to participate
in public affairs of their State of origin …
CMW, Article 42(1) and (2):
1. States Parties shall consider the establishment of procedures or institutions
through which account may be taken, both in States of origin and in States
of employment, of special needs, aspirations and obligations of migrant workers
and members of their families and shall envisage, as appropriate, the possibility
for migrant workers and members of their families to have their freely chosen
representatives in those institutions.
2. States of employment shall facilitate, in accordance with their national
legislation, the consultation or participation of migrant workers and members
of their families in decisions concerning the life and administration of local
communities.
Related to para. 1 (b)(i)
CEDAW, Article 7(c): States Parties shall take all appropriate measures to
eliminate discrimination against women in the political and public life of
the country and, in particular, shall ensure to women, on equal terms with
men, the right: … (c) To participate in non-governmental organizations
and associations concerned with the public and political life of the country.