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International human rights conventions and other legal instruments
(Draft Article 4)
- ICESCR: International Covenant on Economic, Social and Cultural Rights
- ICCPR: International Covenant on Civil and Political Rights
- CERD: Convention 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 4, footnote 18
ICCPR, Article 2(3): Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized
are violated shall have an effective remedy, notwithstanding that the
violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right
thereto determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the legal
system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies
when granted.
CERD, Article 6: States Parties shall assure to everyone within their
jurisdiction effective protection and remedies, through the competent
national tribunals and other State institutions, against any acts of racial
discrimination which violate his human rights and fundamental freedoms
contrary to this Convention, as well as the right to seek from such tribunals
just and adequate reparation or satisfaction for any damage suffered as
a result of such discrimination.
CAT, Article 14:
1. Each State Party shall ensure in its legal system that the victim of
an act of torture obtains redress and has an enforceable right to fair
and adequate compensation, including the means for as full rehabilitation
as possible. In the event of the death of the victim as a result of an
act of torture, his dependants shall be entitled to compensation.
2. Nothing in this article shall affect any right of the victim or other
persons to compensation which may exist under national law.
CESCR, Article 2(1):
Each State Party to the present Covenant undertakes to take steps, individually
and through international assistance and co-operation, especially economic
and technical, to the maximum of its available resources, with a view
to achieving progressively the full realization of the rights recognized
in the present Covenant by all appropriate means, including particularly
the adoption of legislative measures.
ICESCR, Article 23:
The States Parties to the present Covenant agree
that international action for the achievement of the rights recognized
in the present Covenant includes such methods as the conclusion of conventions,
the adoption of recommendations, the furnishing of technical assistance
and the holding of regional meetings and technical meetings for the purpose
of consultation and study organized in conjunction with the Governments
concerned.
CRC, Article 4, second sentence:
With regard to economic, social and cultural rights, States Parties shall
undertake such measures to the maximum extent of their available resources
and, where needed, within the framework of international co-operation.
Related to Draft Article 4, footnote 19
ICESCR, Article 2(1): Each State Party to the present Covenant undertakes
to take steps, individually and through international assistance and co-operation,
especially economic and technical, to the maximum of its available resources,
with a view to achieving progressively the full realization of the rights
recognized in the present Covenant by all appropriate means, including
particularly the adoption of legislative measures.
CRC, Article 4, second sentence: With regard to economic, social and
cultural rights, States Parties shall undertake such measures to the maximum
extent of their available resources and, where needed, within the framework
of international co-operation.
Related to Draft Article 4, footnote 20
ICCPR, Article 2(1): Each State Party to the present Covenant undertakes
to respect and to ensure to all individuals within its territory and subject
to its jurisdiction the rights recognized in the present Covenant…
CERD, Article 1(2): 2. This Convention shall not apply to distinctions,
exclusions, restrictions or preferences made by a State Party to this
Convention between citizens and non-citizens.
CRC, Article 2(1): States Parties shall respect and ensure the rights
set forth in the present Convention to each child within their jurisdiction
…
Related to Draft Article 4, paragraph 1
ICESCR, Article 2(1): Each State Party to the present Covenant undertakes
to take steps, individually and through international assistance and co-operation,
especially economic and technical, to the maximum of its available resources,
with a view to achieving progressively the full realization of the rights
recognized in the present Covenant by all appropriate means, including
particularly the adoption of legislative measures.
ICCPR, Article 2(1): Each State Party to the present
Covenant undertakes to respect and to ensure to all individuals within
its territory and subject to its jurisdiction the rights recognized in
the present Covenant, without distinction of any kind, such as such as
race, colour, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status.
CEDAW, Article 3: States Parties shall take in all fields, in particular
in the political, social, economic and cultural fields, all appropriate
measures, including legislation, to ensure the full development and advancement
of women, for the purpose of guaranteeing them the exercise and enjoyment
of human rights and fundamental freedoms on a basis of equality with men.
CRC, Article 2(1): States Parties shall respect and
ensure the rights set forth in the present Convention to each child within
their jurisdiction without discrimination of any kind, irrespective of
the child's or his or her parent's or legal guardian's race, colour, sex,
language, religion, political or other opinion, national, ethnic or social
origin, property, disability, birth or other status.
Related to Draft Article 4, paragraph 1(a)
ICCPR, Article 2(2): Where not already provided for by existing legislative
or other measures, each State Party to the present Covenant undertakes
to take the necessary steps, in accordance with its constitutional processes
and with the provisions of the present Covenant, to adopt such laws or
other measures as may be necessary to give effect to the rights recognized
in the present Covenant.
CERD, Article 2(1)(c): Each State Party shall take effective measures
to review governmental, national and local policies, and to amend, rescind
or nullify any laws and regulations which have the effect of creating
or perpetuating racial discrimination wherever it exists;
CEDAW, Article 2, (b), (f) and (g): States parties (…) undertake: …
(b) To adopt appropriate legislative and other measures, including sanctions
where appropriate, prohibiting all discrimination against women; … (f)
To take all appropriate measures, including legislation, to modify or
abolish existing laws, regulations, customs and practices which constitute
discrimination against women; (g) To repeal all national penal provisions
which constitute discrimination against women.
CAT, Article 2(1): Each State Party shall take effective legislative,
administrative, judicial or other measures to prevent acts of torture
in any territory under its jurisdiction.
CRC, Article 4, first sentence: States Parties shall undertake all appropriate
legislative, administrative, and other measures for the implementation
of the rights recognized in the present Convention.
Related to Draft Article 4, paragraph 1(b)
CEDAW, Article 2(a): To embody the principle of the equality of men and
women in their national constitutions or other appropriate legislation
if not yet incorporated therein and to ensure, through law and other appropriate
means, the practical realization of this principle;
CRC, Article 2(2): States Parties shall take all appropriate measures
to ensure that the child is protected against all forms of discrimination
or punishment on the basis of the status, activities, expressed opinions,
or beliefs of the child's parents, legal guardians, or family members.
See also Article 5 CERD (infra, sub draft Article 7)
Related to Draft Article 4, paragraph 1(d)
CERD, Article 2(1)(a): Each State Party undertakes to engage in no act
or practice of racial discrimination against persons, groups of persons
or institutions and to en sure that all public authorities and public
institutions, national and local, shall act in conformity with this obligation;
CEDAW, Article 2, (d): To refrain from engaging in any act or practice
of discrimination against women and to ensure that public authorities
and institutions shall act in conformity with this obligation;
Related to Draft Article 4, paragraph 1(e)
CERD, Article 2(1)(d): Each State Party shall prohibit and bring to an
end, by all appropriate means, including legislation as required by circumstances,
racial discrimination by any persons, group or organization;
CEDAW, Article 2, (e): To take all appropriate measures to eliminate
discrimination against women by any person, organization or enterprise;
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