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International human rights conventions and other legal instruments
(Draft Article 14)
- 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)
Related to Draft Article 14, paragraph 1
ICCPR, Article 17:
1. No one shall be subjected to arbitrary or unlawful interference with
his privacy, family, home or correspondence, nor to unlawful attacks on
his honour and reputation.
2. Everyone has the right to the protection of the law against such interference
or attacks.
CRC, Article 16:
1. No child shall be subjected to arbitrary or unlawful interference with
his or her privacy, family, home or correspondence, nor to unlawful attacks
on his or her honour and reputation.
2. The child has the right to the protection of the law against such interference
or attacks.
Related references under Draft Article 14, paragraph 2 (b)
ICESCR, Article 10(1), last sentence: …Marriage must be entered into
with the free consent of the intending spouses.
ICCPR, Article 23(2) and (3):
2. The right of men and women of marriageable age to marry and to found
a family shall be recognized.
3. No marriage shall be entered into without the free and full consent
of the intending spouses.
CERD, Article 5(d)(iv): 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:… (iv) The right to marriage and choice
of spouse;
CEDAW, Article 16(1), (a) and (b):
1. States Parties shall take all appropriate measures to eliminate discrimination
against women in all matters relating to marriage and family relations
and in particular shall ensure, on a basis of equality of men and women:
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage
only with their free and full consent;
Related references under Draft Article 14, paragraph 2 (c)
CEDAW, Article 16(1)(e): 1. States Parties shall take all appropriate
measures to eliminate discrimination against women in all matters relating
to marriage and family relations and in particular shall ensure, on a
basis of equality of men and women: … (e) The same rights to decide freely
and responsibly on the number and spacing of their children and to have
access to the information, education and means to enable them to exercise
these rights;
Related references under Draft Article 14, paragraph 2 (d)
CEDAW, Article 16(1)(f): 1. States Parties shall take all appropriate
measures to eliminate discrimination against women in all matters relating
to marriage and family relations and in particular shall ensure, on a
basis of equality of men and women: … (f) The same rights and responsibilities
with regard to guardianship, wardship, trusteeship and adoption of children,
or similar institutions where these concepts exist in national legislation;
in all cases the interests of the children shall be paramount;
Related references under Draft Article 14, paragraph 2 (e)
CRC, Article 9(1): States Parties shall ensure that a child shall not
be separated from his or her parents against their will, except when competent
authorities subject to judicial review determine, in accordance with applicable
law and procedures, that such separation is necessary for the best interests
of the child.
Related references under Draft Article 14, footnote 46
ICESCR, Article 10(1): The States Parties to the present Covenant recognize
that: (1) The widest possible protection and assistance should be accorded
to the family, which is the natural and fundamental group unit of society,
particularly for its establishment and while it is responsible for the
care and education of dependent children
ICCPR, Article 23(1): The family is the natural and fundamental group
unit of society and is entitled to protection by society and the State.
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