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ECHR; President Jean Paul Costa (France)

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Born on 3 November 1941 in Tunis
Diploma of the Institute of Political Studies of Paris, 1961
Master of Law, Faculty of Law, Paris, 1962
Diploma of Superior Studies (post-graduate), Public law, 1964
Former pupil of the ENA (Ecole nationale d’administration), 1964-66
Auditeur at the Conseil d’Etat, 1966
Rapporteur at the judicial section of the Council of State, 1966-1971, 1977-80, 1987-89, assessor of sub-section (chamber), judicial section of the Council of State, 1989-93
Directeur du cabinet (political secretary) of the Minister of Education (Alain Savary), 1981-84
Associate professor, Universities of Orléans, 1989-98 and Panthéon-Sorbonne, 1992-98
President of sub-section, judicial section of the Council of State, 1993-98
Judge of the European Court of Human Rights since 1 November 1998
President of Section since 1 May 2000
Vice-President of the Court since 1 November 2001
President of the Court since 19 January 2007.

Turkey’s Somalian Children

Unknown | 12:31 | 0 Comments
Turkey is carrying out a big aid campaign, led by Prime Minister Recep Tayyip Erdogan, for Somali who are suffering in the grip of drought.

In an effort to position himself as the leader of Muslim countries in the Middle East region, Erdogan is trying to show the slamic World that he is not indifferent to the Muslim Somalis. He stands up to Israel in order to gain sympathy of Muslim countries.

However, he is ignores those of his own citizens who are trying to lead their lives under very difficult conditions in Turkey. Because of the economic crises that have been experienced in Turkey, bankrupt businessmen live under very difficult conditions, and they are sought by the courts and police because of their debts.


When these businessmen are caught by the police, they are put into prison for five years. They do not have a prominent address and they constantly change the place they live in order not to be caught. They are unable to receive treatment when they get ill, because in hospitals, the police check whether the person is sought or not by the courts. And if they have a job, they can in no way benefit from social rights, because they cannot register for social security.

Debtor Prison in Turkey!

Unknown | 10:13 | 0 Comments
Since the Republic of Turkey was founded, it has experienced Islamic and ethnical conflicts. Right-wing and left-wing conflicts that began in 1970s among the people continued for 20 years and more than ten thousand people died in these conflicts which were experienced in every city, county and even village of the country.

On September 12th, 1980, a military coup seized power, and the oppressive junta arrested tens of thousand people across the country and these conflicts between the people were terminated.

Turkey constructed many prisons to establish its authority in this environment of conflict which had continued for seventy years. There are prisons in every city and county of the country.

In recent years, Turkey has been catching up with developments which took place around the world in the last century. When the world is changing, Turkey takes part in that change. Furthermore, when the world is changing, Turkey experiences that change two times. While it experiences the change in the world, on the other hand it also experiences a capitalization process.

Erdogan discusses missile plans with Obama

Unknown | 10:09 | 5Comments
A G-20 summit in Seoul offered Turkish Prime Minister Recep Tayyip Erdoğan the opportunity to once more express Ankara’s reservations about NATO’s planned anti-missile system during a bilateral meeting with US President Barack Obama.

Erdoğan responded affirmatively when asked on Friday whether NATO’s US-backed plans were on the agenda of his talks with Obama. “We conveyed our sensitivities to him,” Erdoğan was quoted as saying by the Anatolia news agency while speaking to reporters at the Grand Intercontinental Hotel in southern Seoul after the summit closed. The two-day G-20 meeting was attended by a total of 33 global leaders.

The meeting between Erdoğan and Obama came only days ahead of the NATO Lisbon summit on Nov. 19-20, at which time a decision regarding the controversial missile defense system will be made.

Turkey is demanding that within NATO's strategic concept document there should be no references to any specific country as a threat and that the legitimization of the missile system should be made in general terms.

Religious Expression

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On July 17, despite the lack of any evidence of a specific threat to public order, the rights of others, or the secular status of France’s public institutions, the European Court of Human Rights upheld a French law that prohibits the wearing of conspicuous symbols of religious affiliation in government run schools. The dismissal by the European Court of Human Rights of the claims of the affected students as inadmissible reflects the ongoing dilemma European nations and public authorities face in trying to properly calibrate their response to possible threats posed to democracy by religious extremism.

Affirmation of the United States Record on the Armenian GenocideResolution

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CONGRESS
Calling upon the President to ensure that the foreign policy of the United States reflects appropriate understanding and sensitivity concerning issues related to human rights, ethnic cleansing, and genocide documented in the United States record relating to the Armenian Genocide, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
Mr. SCHIFF (for himself, Mr. RADANOVICH, Mr. PALLONE, Mr. KIRK, Mr. BERMAN, Mr. CANTOR, Mr. MCCOTTER, Mr. ACKERMAN, Mr. ROYCE, Mr. WAXMAN, Mr. SMITH of New Jersey, Ms. WATSON, Mr. BILIRAKIS, Mr. CROWLEY, Mr. SENSENBRENNER, Mr. PAYNE, Mr. SHERMAN, Mr. WU, Mr. SIRES, Mr. DANIEL E. LUNGREN of California, Mr. BARRETT of South Carolina, Ms. ESHOO, Mr. CAPUANO, Mr. WEINER, Mr. HONDA, Mrs. MALONEY, Mr. LANGEVIN, Mr. WALZ, Mr. PETERS, Ms. SUTTON, Mr. COSTA, Mr. LOBIONDO, Mr. FRANK of Massachusetts, Mr. SOUDER, Mr. GARRETT of New Jersey, Mr. WOLF, Mr. MARKEY of Massachusetts, Mr. NEAL of Massachusetts, Mr. CARDOZA, Mr. LIPINSKI, Mr. ABERCROMBIE, Mrs. CAPPS, Ms. SCHAKOWSKY, Mr. LEVIN, Mr. HIMES, Mr. BACA, Ms. HIRONO, Mr. ROTHMAN of New Jersey, Mr. MCGOVERN, Ms. MCCOLLUM, Mr. FATTAH, Mrs. NAPOLITANO, Mr. SPACE, Ms. DELAURO, Mr. RYAN of Wisconsin, Mr. CALVERT, Mr. POLIS of Colorado, Mr. LANCE, Ms. LORETTA SANCHEZ of California, Mr. OLVER, Mr. GRIJALVA, Mr. DAVIS of Illinois, Mr. GONZALEZ, Mr. CONYERS, Mr. SARBANES, Mr. VAN HOLLEN, Ms. TITUS, Mr. STARK, Mr. JACKSON of Illinois, Mr. KENNEDY, Ms. TSONGAS, Mrs. TAUSCHER, Ms. WOOLSEY, Mr. DREIER, Mr. NUNES, Mr. TONKO, and Mr. TIERNEY) submitted the following resolution; which was referred to the Committee on Foreign Affairs

Swedish parliament approved Armenia genocide

Unknown | 01:52 | 2Comments
Swedish parliament approved on Thursday a resolution that brands the World War One deaths of Anatolian Armenians as genocide.
The resolution including recognition of Armenian allegations was approved with 131 votes against 130. Foreign Relations Commission of the Swedish Parliament discussed the resolution on March 2.
Parliamentarians from the leftist Social Democrat Party, Left Party and Environment Party, who were in favor of the resolution, said the incidents that had occurred in the last years of the Ottoman Empire in 1915 were genocide defending that Turkey had to face its history and admit it.

Some parliamentarians of the rightist parties opposed the resolution saying Swedish Parliament was not an international court.

The high courts to the European Integration Project

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European standards in terms of high judicial institutions to strengthen their role within the project dates between 15-17 March 2010 Round Table Meeting will be held in the Swiss Hotel.
At the meeting the European Convention on Human Rights 5 right to liberty and security specified in Article 6 with matters specified in Article right to fair trial will be discussed.

LAWFUL ARREST OR DETENTION

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Publication: A 148 Title: Ciulla v. Italy Application No: 11152/84
Referred by: Commission
Date of reference by Commission: 15-07-1987
Date of Judgment: 22-02-1989
Summary:
Mr. Ciulla was prosecuted between 1982 and 1986 for various drug offences. On 8 May 1984, during separate, but parallel "preventive" proceedings the Milan District Court, having regard to the fact that the applicant might abscond, ordered his arrest and detention pending a decision on an application for a compulsory residence order. When the District Court granted that application on 24 May, his detention immediately ended; the next day, the police took him to the place appointed for his compulsory residence.

A ruling against the British Government

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European judges in Strasbourg believe the issue is so important that they have decided to fast-track the case to go before the grand chamber, where all the Strasbourg justices will sit to determine the matter.
Police could lose the power to keep DNA samples taken from suspects who have been cleared of any wrongdoing, in a landmark case which is to be decided by the highest court in Europe.

A ruling against the British Government could lead to the destruction of tens of thousands of DNA and fingerprint materials as well as deal a severe blow to any plans to create a universal genetic database.
The challenge at the European Court of Human Rights is being brought by a teenager, known as S, who was arrested and charged with attempted robbery aged 11 in 2001, and Michael Marper, from Sheffield, who was arrested on harassment charges, aged 38, in the same year. Both were cleared and have no criminal records.

But the Court of Appeal ruled in 2002 that they cannot ask for their DNA and fingerprint evidence to be destroyed. One of the judges hearing the appeal was Sir Stephen Sedley, who this week called for a national database to include DNA samples taken from every British citizen and any foreign visitors to this country. His comments provoked outrage from the human rights group Liberty, which called his proposal "chilling".
The decision has been taken because the court decided that the case raises a serious question affecting the interpretation of the European Convention on Human Rights or because its resolution might have a result inconsistent with a previous judgment of the court.

Armenian genocide approval

Unknown | 06:02 | 0 Comments
The approval of the Armenian genocide resolution that labels 1915 ethnic clashes between Armenians and Turkish communities as “genocide” by the US House Foreign Relations Committee, despite pressure from the Obama administration and Turkey to drop the matter has shaken the diplomatic relations between the US and Turkey.

Turkey recalled its newly-appointed ambassador to Washington Namık Tan for consultations few minutes following the voting. Analysts claim that it will also greatly halt the efforts on normalization of relations between Turkey and Armenia.

The House of Representatives Foreign Affairs Committee voted 23-22 to approve the non-binding resolution, clearing it for consideration by the full House. But it was unclear whether the measure will get a floor vote.

Two minutes following the vote that approved Armenian “genocide” bill, Turkish Prime Ministry strongly condemned the resolution and announced that they recalled Turkey’s envoy to Ankara for consultations. In a statement, Turkey's Prime Minister Recep Tayyip Erdoğan also said he was seriously concerned that the non-binding resolution would harm Turkish-U.S. ties and efforts by Turkey and Armenia to bury a century of hostility.

Convention on the Elimination of All Forms of Discrimination againstWomen

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The States Parties to the present Convention,

Noting that the Charter of the United Nations reaffirms faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women,

Noting that the Universal Declaration of Human Rights affirms the principle of the inadmissibility of discrimination and proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including distinction based on sex,

Noting that the States Parties to the International Covenants on Human Rights have the obligation to ensure the equal rights of men and women to enjoy all economic, social, cultural, civil and political rights,

Considering the international conventions concluded under the auspices of the United Nations and the specialized agencies promoting equality of rights of men and women,

Noting also the resolutions, declarations and recommendations adopted by the United Nations and the specialized agencies promoting equality of rights of men and women,

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

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

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

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

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

Affirming that the strengthening of international peace and security, the relaxation of international tension, mutual co-operation among all States irrespective of their social and economic systems, general and complete disarmament, in particular nuclear disarmament under strict and effective international control, the affirmation of the principles of justice, equality and mutual benefit in relations among countries and the realization of the right of peoples under alien and colonial domination and foreign occupation to self-determination and independence, as well as respect for national sovereignty and territorial integrity, will promote social progress and development and as a consequence will contribute to the attainment of full equality between men and women,

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

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

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

Determined to implement the principles set forth in the Declaration on the Elimination of Discrimination against Women and, for that purpose, to adopt the measures required for the elimination of such discrimination in all its forms and manifestations,

Have agreed on the following:

PART I
Article 1. Definition of disciriminatioon against women
For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

Article 2. Obligation to take measures in legal field
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:

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;
To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women;
To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination;
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;
To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;
To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;
To repeal all national penal provisions which constitute discrimination against women.

Article 3. Obligation to take measures in the political, economic and cultural fields
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.

Article 4. Adoption of temporary special measures
Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.
Adoption by States Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory.

Article 5. Elimination of prejudices and customary
States Parties shall take all appropriate measures:

To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;
To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.

Article 6. Suppression of trafic in women
States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.

PART II
Article 7. Right to vote, stand for elections and participate
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:

To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies;
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;
To participate in non-governmental organizations and associations concerned with the public and political life of the country.

Article 8. Right to represent the Government
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.

Article 9. Right to nationality
States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.
States Parties shall grant women equal rights with men with respect to the nationality of their children.

PART III
Article 10. Right to education
States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women:

The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training;
Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality;
The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods;
(d ) The same opportunities to benefit from scholarships and other study grants;

The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes, particulary those aimed at reducing, at the earliest possible time, any gap in education existing between men and women;
The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely;
The same opportunities to participate actively in sports and physical education;
Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning.

Article 11. Right to work
States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular:
The right to work as an inalienable right of all human beings;
The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment;
The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training;
The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work;
The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave;
The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction.
In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties shall take appropriate measures:
To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status;
To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances;
To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities;
To provide special protection to women during pregnancy in types of work proved to be harmful to them.
Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary.

Article 12. Right to healt
States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning.
Notwithstanding the provisions of paragraph 1 of this article, States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.

Article 13. Rights in the other areas of economik and social life
States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular:

The right to family benefits;
The right to bank loans, mortgages and other forms of financial credit;
The right to participate in recreational activities, sports and all aspects of cultural life.

Article 14. Rights of rural women
States Parties shall take into account the particular problems faced by rural women and the significant roles which rural women play in the economic survival of their families, including their work in the non-monetized sectors of the economy, and shall take all appropriate measures to ensure the application of the provisions of the present Convention to women in rural areas.
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right:
To participate in the elaboration and implementation of development planning at all levels;
To have access to adequate health care facilities, including information, counselling and services in family planning;
To benefit directly from social security programmes;
To obtain all types of training and education, formal and non-formal, including that relating to functional literacy, as well as, inter alia, the benefit of all community and extension services, in order to increase their technical proficiency;
To organize self-help groups and co-operatives in order to obtain equal access to economic opportunities through employment or self employment;
To participate in all community activities;
To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes;
To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.

PART IV
Article 15. Right to equality before the law
States Parties shall accord to women equality with men before the law.
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.

Article 16. Rights in matters relating to marriage and family relations
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:
The same right to enter into marriage;
The same right freely to choose a spouse and to enter into marriage only with their free and full consent;
The same rights and responsibilities during marriage and at its dissolution;
The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;
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;
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;
The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation;
The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.
The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.

PART V
Article 17. Committee on the Elimination of Discrimination against Women
For the purpose of considering the progress made in the implementation of the present Convention, there shall be established a Committee on the Elimination of Discrimination against Women (hereinafter referred to as the Committee) consisting, at the time of entry into force of the Convention, of eighteen and, after ratification of or accession to the Convention by the thirty-fifth State Party, of twenty-three experts of high moral standing and competence in the field covered by the Convention. The experts shall be elected by States Parties from among their nationals and shall serve in their personal capacity, consideration being given to equitable geographical distribution and to the representation of the different forms of civilization as well as the principal legal systems.
The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals.
The initial election shall be held six months after the date of the entry into force of the present Convention. At least three months before the date of each election the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within two months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties which have nominated them, and shall submit it to the States Parties.
Elections of the members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. At that meeting, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.
The members of the Committee shall be elected for a term of four years. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these nine members shall be chosen by lot by the Chairman of the Committee.
The election of the five additional members of the Committee shall be held in accordance with the provisions of paragraphs 2, 3 and 4 of this article, following the thirty-fifth ratification or accession. The terms of two of the additional members elected on this occasion shall expire at the end of two years, the names of these two members having been chosen by lot by the Chairman of the Committee.
For the filling of casual vacancies, the State Party whose expert has ceased to function as a member of the Committee shall appoint another expert from among its nationals, subject to the approval of the Committee.
The members of the Committee shall, with the approval of the General Assembly, receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide, having regard to the importance of the Committee's responsibilities.
The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention.

Article 18. State reports
States Parties undertake to submit to the Secretary-General of the United Nations, for consideration by the Committee, a report on the legislative, judicial, administrative or other measures which they have adopted to give effect to the provisions of the present Convention and on the progress made in this respect:
Within one year after the entry into force for the State concerned;
Thereafter at least every four years and further whenever the Committee so requests.
Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations under the present Convention.

Article 19. Committee's Rules of Procedure
The Committee shall adopt its own rules of procedure.
The Committee shall elect its officers for a term of two years.

Article 20. Meetings of the Committee
The Committee shall normally meet for a period of not more than two weeks annually in order to consider the reports submitted in accordance with article 18 of the present Convention.
The meetings of the Committee shall normally be held at United Nations Headquarters or at any other convenient place as determined by the Committee.

Article 21. Annual report
The Committee shall, through the Economic and Social Council, report annually to the General Assembly of the United Nations on its activities and may make suggestions and general recommendations based on the examination of reports and information received from the States Parties. Such suggestions and general recommendations shall be included in the report of the Committee together with comments, if any, from States Parties.
The Secretary-General of the United Nations shall transmit the reports of the Committee to the Commission on the Status of Women for its information.

Article 22. Representation of the specialized agencies
The specialized agencies shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their activities. The Committee may invite the specialized agencies to submit reports on the implementation of the Convention in areas falling within the scope of their activities.

PART VI
Article 23. Principles of interpretation
Nothing in the present Convention shall affect any provisions that are more conducive to the achievement of equality between men and women which may be contained:

In the legislation of a State Party; or
In any other international convention, treaty or agreement in force for that State.

Article 24. Undertaking to adopt measures at the national level
States Parties undertake to adopt all necessary measures at the national level aimed at achieving the full realization of the rights recognized in the present Convention.

Article 25. Signature, ratification and acceession
The present Convention shall be open for signature by all States.
The Secretary-General of the United Nations is designated as the depositary of the present Convention.
The present Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
The present Convention shall be open to accession by all States. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

Article 26. Revision of the Convention
A request for the revision of the present Convention may be made at any time by any State Party by means of a notification in writing addressed to the Secretary-General of the United Nations.
The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such a request.

Article 27. Entry into force
The present Convention shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.
For each State ratifying the present Convention or acceding to it after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the date of the deposit of its own instrument of ratification or accession.

Article 28. Reservations
The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of ratification or accession.
A reservation incompatible with the object and purpose of the present Convention shall not be permitted.
Reservations may be withdrawn at any time by notification to this effect addressed to the Secretary-General of the United Nations, who shall then inform all States thereof. Such notification shall take effect on the date on which it is received.

Article 29. Disputes concerning the intrepretation of the Convention
Any dispute between two or more States Parties concerning the interpretation or application of the present Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.
Each State Party may at the time of signature or ratification of the present Convention or accession thereto declare that it does not consider itself bound by paragraph I of this article. The other States Parties shall not be bound by that paragraph with respect to any State Party which has made such a reservation.
Any State Party which has made a reservation in accordance with paragraph 2 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.

Declaration on the Elimination of All Forms of Intolerance and ofDiscrimination Based on Religion or Belief

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The General Assembly,
Considering that one of the basic principles of the Charter of the United Nations is that of the dignity and equality inherent in all human beings, and that all Member States have pledged themselves to take joint and separate action in co-operation with the Organization to promote and encourage universal respect for and observance of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion,
Considering that the Universal Declaration of Human Rights and the International Covenants on Human Rights proclaim the principles of nondiscrimination and equality before the law and the right to freedom of thought, conscience, religion and belief,
Considering that the disregard and infringement of human rights and fundamental freedoms, in particular of the right to freedom of thought, conscience, religion or whatever belief, have brought, directly or indirectly, wars and great suffering to mankind, especially where they serve as a means of foreign interference in the internal affairs of other States and amount to kindling hatred between peoples and nations,

Considering that religion or belief, for anyone who professes either, is one of the fundamental elements in his conception of life and that freedom of religion or belief should be fully respected and guaranteed,

Considering that it is essential to promote understanding, tolerance and respect in matters relating to freedom of religion and belief and to ensure that the use of religion or belief for ends inconsistent with the Charter of the United Nations, other relevant instruments of the United Nations and the purposes and principles of the present Declaration is inadmissible,

Convinced that freedom of religion and belief should also contribute to the attainment of the goals of world peace, social justice and friendship among peoples and to the elimination of ideologies or practices of colonialism and racial discrimination,

Noting with satisfaction the adoption of several, and the coming into force of some, conventions, under the aegis of the United Nations and of the specialized agencies, for the elimination of various forms of discrimination,

Concerned by manifestations of intolerance and by the existence of discrimination in matters of religion or belief still in evidence in some areas of the world,

Resolved to adopt all necessary measures for the speedy elimination of such intolerance in all its forms and manifestations and to prevent and combat discrimination on the ground of religion or belief,

Proclaims this Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief:

Article 1. Right to thought, conscience and religion
Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have a religion or whatever belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
No one shall be subject to coercion which would impair his freedom to have a religion or belief of his choice.
Freedom to manifest one's religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others.

Article 2. Prohibition of discrimination
No one shall be subject to discrimination by any State, institution, group of persons, or person on the grounds of religion or other belief.
For the purposes of the present Declaration, the expression "intolerance and discrimination based on religion or belief" means any distinction, exclusion, restriction or preference based on religion or belief and having as its purpose or as its effect nullification or impairment of the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis.

Article 3. Meaning of discrimination on the grounds of religon or belief
Discrimination between human being on the grounds of religion or belief constitutes an affront to human dignity and a disavowal of the principles of the Charter of the United Nations, and shall be condemned as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and enunciated in detail in the International Covenants on Human Rights, and as an obstacle to friendly and peaceful relations between nations.

Article 4. Obligation to prevent and eliminate discrimination on the grounds of religion or belief
All States shall take effective measures to prevent and eliminate discrimination on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, economic, political, social and cultural life.
All States shall make all efforts to enact or rescind legislation where necessary to prohibit any such discrimination, and to take all appropriate measures to combat intolerance on the grounds of religion or other beliefs in this matter.

Article 5. Rights of the child
The parents or, as the case may be, the legal guardians of the child have the right to organize the life within the family in accordance with their religion or belief and bearing in mind the moral education in which they believe the child should be brought up.
Every child shall enjoy the right to have access to education in the matter of religion or belief in accordance with the wishes of his parents or, as the case may be, legal guardians, and shall not be compelled to receive teaching on religion or belief against the wishes of his parents or legal guardians, the best interests of the child being the guiding principle.
The child shall be protected from any form of discrimination on the ground of religion or belief. He shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, respect for freedom of religion or belief of others, and in full consciousness that his energy and talents should be devoted to the service of his fellow men.
In the case of a child who is not under the care either of his parents or of legal guardians, due account shall be taken of their expressed wishes or of any other proof of their wishes in the matter of religion or belief, the best interests of the child being the guiding principle.
Practices of a religion or belief in which a child is brought up must not be injurious to his physical or mental health or to his full development, taking into account article 1, paragraph 3, of the present Declaration.

Article 6. Scope of the freedom of thought, conscience, religion or belief
In accordance with article I of the present Declaration, and subject to the provisions of article 1, paragraph 3, the right to freedom of thought, conscience, religion or belief shall include, inter alia, the following freedoms:

To worship or assemble in connection with a religion or belief, and to establish and maintain places for these purposes;
To establish and maintain appropriate charitable or humanitarian institutions;
To make, acquire and use to an adequate extent the necessary articles and materials related to the rites or customs of a religion or belief;
To write, issue and disseminate relevant publications in these areas;
To teach a religion or belief in places suitable for these purposes;
To solicit and receive voluntary financial and other contributions from individuals and institutions;
To train, appoint, elect or designate by succession appropriate leaders called for by the requirements and standards of any religion or belief;
To observe days of rest and to celebrate holidays and ceremonies in accordance with the precepts of one's religion or belief;
To establish and maintain communications with individuals and communities in matters of religion and belief at the national and international levels.

Article 7. Relation of the rights with domestici legislation
The rights and freedoms set forth in the present Declaration shall be accorded in national legislation in such a manner that everyone shall be able to avail himself of such rights and freedoms in practice.

International Convention on the Elimination of All Forms of RacialDiscrimination

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The States Parties to this Convention,

Considering that the Charter of the United Nations is based on the principles of the dignity and equality inherent in all human beings, and that all Member States have pledged themselves to take joint and separate action, in co-operation with the Organization, for the achievement of one of the purposes of the United Nations which is to promote and encourage universal respect for and observance of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion,

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

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

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

Considering that the United Nations Declaration on the Elimination of All Forms of Racial Discrimination of 20 November 1963 (General Assembly resolution 1904 (XVIII)) solemnly affirms the necessity of speedily eliminating racial discrimination throughout the world in all its forms and manifestations and of securing understanding of and respect for the dignity of the human person,

Convinced that any doctrine of superiority based on racial differentiation is scientifically false, morally condemnable, socially unjust and dangerous, and that there is no justification for racial discrimination, in theory or in practice, anywhere,

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

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

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

Resolved to adopt all necessary measures for speedily eliminating racial discrimination in all its forms and manifestations, and to prevent and combat racist doctrines and practices in order to promote understanding between races and to build an international community free from all forms of racial segregation and racial discrimination,

Bearing in mind the Convention concerning Discrimination in respect of Employment and Occupation adopted by the International Labour Organisation in 1958, and the Convention against Discrimination in Education adopted by the United Nations Educational, Scientific and Cultural Organization in 1960,

Desiring to implement the principles embodied in the United Nations Declaration on the Elimination of All Forms of Racial Discrimination and to secure the earliest adoption of practical measures to that end,

Have agreed as follows:

PART I -- Obligations of the State Parties
Article 1. Definiton of racial discrimination
In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party to this Convention between citizens and non-citizens.
Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality.
Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, however, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved.

Article 2. Measures for the elimination of racial discrimination
States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end:
Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
Each State Party undertakes not to sponsor, defend or support racial discrimination by any persons or organizations;
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;
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;
Each State Party undertakes to encourage, where appropriate, integrationist multiracial organizations and movements and other means of eliminating barriers between races, and to discourage anything which tends to strengthen racial division.
States Parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms. These measures shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved.

Article 3. Condemnation of racial segregation and apartheid
States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction.

Article 4. Condemnation of racial propaganda and activities
States Parties condemn all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination and, to this end, with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this Convention, inter alia:

Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof;
Shall declare illegal and prohibit organizations, and also organized and all other propaganda activities, which promote and incite racial discrimination, and shall recognize participation in such organizations or activities as an offence punishable by law;
Shall not permit public authorities or public institutions, national or local, to promote or incite racial discrimination.

Article 5. Rights guaranteed to eliminate racial discrimination
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and 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:

The right to equal treatment before the tribunals and all other organs administering justice;
The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;
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, 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;
Other civil rights, in particular:
The right to freedom of movement and residence within the border of the State;
The right to leave any country, including one's own, and to return to one's country;
The right to nationality;
The right to marriage and choice of spouse;
The right to own property alone as well as in association with others;
The right to inherit;
The right to freedom of thought, conscience and religion;
The right to freedom of opinion and expression;
The right to freedom of peaceful assembly and association;
Economic, social and cultural rights, in particular:
The rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, to just and favourable remuneration;
The right to form and join trade unions;
The right to housing;
The right to public health, medical care, social security and social services;
The right to education and training;
The right to equal participation in cultural activities;
The right of access to any place or service intended for use by the general public, such as transport, hotels, restaurants, cafes, theaters and parks.

Article 6. Right to an effective remedy
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.

Article 7. Other measures
States Parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnical groups, as well as to propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, and this Convention.

PART II -- International Enforcement Provisions
Article 8. Committee on the Elimination of Racial Discrimination
There shall be established a Committee on the Elimination of Racial Discrimination (hereinafter referred to as the Committee) consisting of eighteen experts of high moral standing and acknowledged impartiality elected by States Parties from among their nationals, who shall serve in their personal capacity, consideration being given to equitable geographical distribution and to the representation of the different forms of civilization as well as of the principal legal systems.
The members of the Committee shall be elected by secret ballot from a list of persons nominated by the States Parties. Each State Party may nominate one person from among its own nationals.
The initial election shall be held six months after the date of the entry into force of this Convention. At least three months before the date of each election the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within two months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties which have nominated them, and shall submit it to the States Parties.
Elections of the members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. At that meeting, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.
a) The members of the Committee shall be elected for a term of four years. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these nine members shall be chosen by lot by the Chairman of the Committee;
For the filling of casual vacancies, the State Party whose expert has ceased to function as a member of the Committee shall appoint another expert from among its nationals, subject to the approval of the Committee.
States Parties shall be responsible for the expenses of the members of the Committee while they are in performance of Committee duties.

Article 9. State reports and Annual reports
States Parties undertake to submit to the Secretary-General of the United Nations, for consideration by the Committee, a report on the legislative, judicial, administrative or other measures which they have adopted and which give effect to the provisions of this Convention:
within one year after the entry into force of the Convention for the State concerned; and
thereafter every two years and whenever the Committee so requests.
The Committee may request further information from the States Parties.
The Committee shall report annually, through the Secretary General, to the General Assembly of the United Nations on its activities and may make suggestions and general recommendations based on the examination of the reports and information received from the States Parties. Such suggestions and general recommendations shall be reported to the General Assembly together with comments, if any, from States Parties.

Article 10. Committee’s work
The Committee shall adopt its own rules of procedure.
The Committee shall elect its officers for a term of two years.
The secretariat of the Committee shall be provided by the Secretary General of the United Nations.
The meetings of the Committee shall normally be held at United Nations Headquarters.

Article 11. Inter-State communications before the Committee
If a State Party considers that another State Party is not giving effect to the provisions of this Convention, it may bring the matter to the attention of the Committee. The Committee shall then transmit the communication to the State Party concerned. Within three months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.
If the matter is not adjusted to the satisfaction of both parties, either by bilateral negotiations or by any other procedure open to them, within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter again to the Committee by notifying the Committee and also the other State.
The Committee shall deal with a matter referred to it in accordance with paragraph 2 of this article after it has ascertained that all available domestic remedies have been invoked and exhausted in the case, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged.
In any matter referred to it, the Committee may call upon the States Parties concerned to supply any other relevant information.
When any matter arising out of this article is being considered by the Committee, the States Parties concerned shall be entitled to send a representative to take part in the proceedings of the Committee, without voting rights, while the matter is under consideration.

Article 12. Inter-State communications before the ad hoc Conciliation Commission

After the Committee has obtained and collated all the information it deems necessary, the Chairman shall appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission) comprising five persons who may or may not be members of the Committee. The members of the Commission shall be appointed with the unanimous consent of the parties to the dispute, and its good offices shall be made available to the States concerned with a view to an amicable solution of the matter on the basis of respect for this Convention;
If the States parties to the dispute fail to reach agreement within three months on all or part of the composition of the Commission, the members of the Commission not agreed upon by the States parties to the dispute shall be elected by secret ballot by a two-thirds majority vote of the Committee from among its own members.
The members of the Commission shall serve in their personal capacity. They shall not be nationals of the States parties to the dispute or of a State not Party to this Convention.
The Commission shall elect its own Chairman and adopt its own rules of procedure.
The meetings of the Commission shall normally be held at United Nations Headquarters or at any other convenient place as determined by the Commission.
The secretariat provided in accordance with article 10, paragraph 3, of this Convention shall also service the Commission whenever a dispute among States Parties brings the Commission into being.
The States parties to the dispute shall share equally all the expenses of the members of the Commission in accordance with estimates to be provided by the Secretary-General of the United Nations.
The Secretary-General shall be empowered to pay the expenses of the members of the Commission, if necessary, before reimbursement by the States parties to the dispute in accordance with paragraph 6 of this article.
The information obtained and collated by the Committee shall be made available to the Commission, and the Commission may call upon the States concerned to supply any other relevant information.

Article 13. Conciliation Commission’s reports
When the Commission has fully considered the matter, it shall prepare and submit to the Chairman of the Committee a report embodying its findings on all questions of fact relevant to the issue between the parties and containing such recommendations as it may think proper for the amicable solution of the dispute.
The Chairman of the Committee shall communicate the report of the Commission to each of the States parties to the dispute. These States shall, within three months, inform the Chairman of the Committee whether or not they accept the recommendations contained in the report of the Commission.
After the period provided for in paragraph 2 of this article, the Chairman of the Committee shall communicate the report of the Commission and the declarations of the States Parties concerned to the other States Parties to this Convention.

Article 14. Individual communications
A State Party may at any time declare that it recognizes the competence of the Committee to receive and consider communications from individuals or groups of individuals within its jurisdiction claiming to be victims of a violation by that State Party of any of the rights set forth in this Convention. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration.
Any State Party which makes a declaration as provided for in paragraph 1 of this article may establish or indicate a body within its national legal order which shall be competent to receive and consider petitions from individuals and groups of individuals within its jurisdiction who claim to be victims of a violation of any of the rights set forth in this Convention and who have exhausted other available local remedies.
A declaration made in accordance with paragraph 1 of this article and the name of any body established or indicated in accordance with paragraph 2 of this article shall be deposited by the State Party concerned with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General, but such a withdrawal shall not affect communications pending before the Committee.
A register of petitions shall be kept by the body established or indicated in accordance with paragraph 2 of this article and certified copies of the register shall be filed annually through appropriate channels with the Secretary-General on the understanding that the contents shall not be publicly disclosed.
In the event of failure to obtain satisfaction from the body established or indicated in accordance with paragraph 2 of this article, the petitioner shall have the right to communicate the matter to the Committee within six months.

The Committee shall confidentially bring any communication referred to it to the attention of the State Party alleged to be violating any provision of this Convention, but the identity of the individual or groups of individuals concerned shall not be revealed without his or their express consent. The Committee shall not receive anonymous communications;
Within three months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.

The Committee shall consider communications in the light of all information made available to it by the State Party concerned and by the petitioner. The Committee shall not consider any communication from a petitioner unless it has ascertained that the petitioner has exhausted all available domestic remedies. However, this shall not be the rule where the application of the remedies is unreasonably prolonged;
The Committee shall forward its suggestions and recommendations, if any, to the State Party concerned and to the petitioner.
The Committee shall include in its annual report a summary of such communications and, where appropriate, a summary of the explanations and statements of the States Parties concerned and of its own suggestions and recommendations.
The Committee shall be competent to exercise the functions provided for in this article only when at least ten States Parties to this Convention are bound by declarations in accordance with paragraph 1 of this article.

Article 15. Relationship to other international organs
Pending the achievement of the objectives of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV) of 14 December 1960, the provisions of this Convention shall in no way limit the right of petition granted to these peoples by other international instruments or by the United Nations and its specialized agencies.
a) The Committee established under article 8, paragraph 1, of this Convention shall receive copies of the petitions from, and submit expressions of opinion and recommendations on these petitions to, the bodies of the United Nations which deal with matters directly related to the principles and objectives of this Convention in their consideration of petitions from the inhabitants of Trust and Non-Self-Governing Territories and all other territories to which General Assembly resolution 1514 (XV) applies, relating to matters covered by this Convention which are before these bodies;
The Committee shall receive from the competent bodies of the United Nations copies of the reports concerning the legislative, judicial, administrative or other measures directly related to the principles and objectives of this Convention applied by the administering Powers within the Territories mentioned in subparagraph a) of this paragraph, and shall express opinions and make recommendations to these bodies.
The Committee shall include in its report to the General Assembly a summary of the petitions and reports it has received from United Nations bodies, and the expressions of opinion and recommendations of the Committee relating to the said petitions and reports.
The Committee shall request from the Secretary-General of the United Nations all information relevant to the objectives of this Convention and available to him regarding the Territories mentioned in paragraph 2 a) of this article.

Article 16. Relationship to other international procedures
The provisions of this Convention concerning the settlement of disputes or complaints shall be applied without prejudice to other procedures for settling disputes or complaints in the field of discrimination laid down in the constituent instruments of, or conventions adopted by, the United Nations and its specialized agencies, and shall not prevent the States Parties from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them.

PART III -- Final Provisions
Article 17. Signature and ratification
This Convention is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a Party to this Convention.
This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 18. Accession
This Convention shall be open to accession by any State referred to in article 17, paragraph 1, of the Convention.
Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

Article 19. Entry into Force
This Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twenty-seventh instrument of ratification or instrument of accession.
For each State ratifying this Convention or acceding to it after the deposit of the twenty-seventh instrument of ratification or instrument of accession, the Convention shall enter into force on the thirtieth day after the date of the deposit of its own instrument of ratification or instrument of accession.

Article 20. Reservations
The Secretary-General of the United Nations shall receive and circulate to all States which are or may become Parties to this Convention reservations made by States at the time of ratification or accession. Any State which objects to the reservation shall, within a period of ninety days from the date of the said communication, notify the Secretary-General that it does not accept it.
A reservation incompatible with the object and purpose of this Convention shall not be permitted, nor shall a reservation the effect of which would inhibit the operation of any of the bodies established by this Convention be allowed. A reservation shall be considered incompatible or inhibitive if at least two thirds of the States Parties to this Convention object to it.
Reservations may be withdrawn at any time by notification to this effect addressed to the Secretary-General. Such notification shall take effect on the date on which it is received.

Article 21. Denunciation to the Convention
A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. Denunciation shall take effect one year after the date of receipt of the notification by the Secretary General.

Article 22. Reference the disputes to the International Court of Justice
Any dispute between two or more States Parties with respect to the interpretation or application of this Convention, which is not settled by negotiation or by the procedures expressly provided for in this Convention, shall, at the request of any of the parties to the dispute, be referred to the International Court of Justice for decision, unless the disputants agree to another mode of settlement.

Article 23. Revision of the Convention
A request for the revision of this Convention may be made at any time by any State Party by means of a notification in writing addressed to the Secretary-General of the United Nations.
The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such a request.

Article 24. Notification by the Secretary-General
The Secretary-General of the United Nations shall inform all States referred to in article 17, paragraph 1, of this Convention of the following particulars:

Signatures, ratifications and accessions under articles 17 and 18;
The date of entry into force of this Convention under article 19;
Communications and declarations received under articles 14, 20 and 23;
Denunciations under article 21.

Second Optional Protocol to the International Covenant on Civil andPolitical Rights

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The States Parties to the present Protocol,

Believing that abolition of the death penalty contributes to enhancement of human dignity and progressive development of human rights,

Recalling article 3 of the Universal Declaration of Human Rights, adopted on 10 December 1948, and article 6 of the International Covenant on Civil and Political Rights, adopted on 16 December 1966,

Noting that article 6 of the International Covenant on Civil and Political Rights refers to abolition of the death penalty in terms that strongly suggest that abolition is desirable,

Convinced that all measures of abolition of the death penalty should be considered as progress in the enjoyment of the right to life;

Desirous to undertake hereby an international commitment to abolish the death penalty,

Have agreed as follows:
Article 1.   Prohibiting application of death penalty


  1. No one within the jurisdiction of a State Party to the present Protocol shall be executed.

  2. Each State Party shall take all necessary measures to abolish the death penalty within its jurisdiction.

Article 2.   Reservation allowed


  1. No reservation is admissible to the present Protocol, except for a reservation made at the time of ratification or accession that provides for the application of the death penalty in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime.

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

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

Article 3.   State reports
The States Parties to the present Protocol shall include in the reports they submit to the Human Rights Committee, in accordance with article 40 of the Covenant, information on the measures that they have adopted to give effect to the present Protocol.
Article 4.   Competence of the Human Rights Committee to receive complaints from a State Party
With respect to the States Parties to the Covenant that have made a declaration under article 41, the competence of the Human Rights Committee to receive and consider communications when a State Party claims that another State Party is not fulfilling its obligations shall extend to the provisions of the present Protocol, unless the State Party concerned has made a statement to the contrary at the moment of ratification or accession.
Article 5.   Competence of the Human Rights Committee to receive complaints from individuals
With respect to the States Parties to the first Optional Protocol to the International Covenant on Civil and Political Rights adopted on 16 December 1966, the competence of the Human Rights Committee to receive and consider communications from individuals subject to its jurisdiction shall extend to the provisions of the present Protocol, unless the State Party concerned has made a statement to the contrary at the moment of ratification or accession.
Article 6.   Relation to the Covenant and no derogation permitted


  1. The provisions of the present Protocol shall apply as additional provisions to the Covenant.

  2. Without prejudice to the possibility of a reservation under article 2 of the present Protocol, the right guaranteed in article 1, paragraph 1, of the present Protocol shall not be subject to any derogation under article 4 of the Covenant.

Article 7.   Signature, Ratification and Accession


  1. The present Protocol is open for signature by any State that has signed the Covenant.

  2. The present Protocol is subject to ratification by any State that has ratified the Covenant or acceded to it. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

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

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

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

Article 8.   Entry into force


  1. The present Protocol shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession.

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

Article 9.   Validity in the Federal States
The provisions of the present Protocol shall extend to all parts of federal States without any limitations or exceptions.
Article 10.   Notification by the Secretary-General
The Secretary-General of the United Nations shall inform all States referred to in article 48, paragraph 1, of the Covenant of the following particulars:

  1. Reservations, communications and notifications under article 2 of the present Protocol;

  2. Statements made under articles 4 or 5 of the present Protocol;

  3. Signatures, ratifications and accessions under article 7 of the present Protocol:

  4. The date of the entry into force of the present Protocol under article 8 thereof.

Optional Protocol to the International Covenant on Civil and PoliticalRights

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PREAMBLE
The States Parties to the present Protocol,

Considering that in order further to achieve the purposes of the International Covenant on Civil and Political Rights (hereinafter referred to as the Covenant) and the implementation of its provisions it would be appropriate to enable the Human Rights Committee set up in part IV of the Covenant (hereinafter referred to as the Committee) to receive and consider, as provided in the present Protocol, communications from individuals claiming to be victims of violations of any of the rights set forth in the Covenant

Have agreed as follows:
Article 1.   Individual communications procedure
A State Party to the Covenant that becomes a Party to the present Protocol recognizes the competence of the Committee to receive and consider communications from individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of any of the rights set forth in the Covenant. No communication shall be received by the Committee if it concerns a State Party to the Covenant which is not a Party to the present Protocol.
Article 2.   Submission of the communication
Subject to the provisions of article 1, individuals who claim that any of their rights enumerated in the Covenant have been violated and who have exhausted all available domestic remedies may submit a written communication to the Committee for consideration.
Article 3.   Admissibility procedure
The Committee shall consider inadmissible any communication under the present Protocol which is anonymous, or which it considers to be an abuse of the right of submission of such communications or to be incompatible with the provisions of the Covenant.
Article 4.   Proceedings on the merits


  1. Subject to the provisions of article 3, the Committee shall bring any communications submitted to it under the present Protocol to the attention of the State Party to the present Protocol alleged to be violating any provision of the Covenant.

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

Article 5.   Decision on the merits


  1. The Committee shall consider communications received under the present Protocol in the light of all written information made available to it by the individual and by the State Party concerned.

  2. The Committee shall not consider any communication from an individual unless it has ascertained that:

    1. The same matter is not being examined under another procedure of international investigation or settlement;

    2. The individual has exhausted all available domestic remedies. This shall not be the rule where the application of the remedies is unreasonably prolonged.

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

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

Article 6.   Annual report
The Committee shall include in its annual report under article 45 of the Covenant a summary of its activities under the present Protocol.
Article 7.   Relationship to the right of petition of colonial peoples
Pending the achievement of the objectives of resolution 1514 (XV) adopted by the General Assembly of the United Nations on 14 December 1960 concerning the Declaration on the Granting of Independence to Colonial Countries and Peoples, the provisions of the present Protocol shall in no way limit the right of petition granted to these peoples by the Charter of the United Nations and other international conventions and instruments under the United Nations and its specialized agencies.
Article 8.   Signature, Ratification and Accession


  1. The present Protocol is open for signature by any State which has signed the Covenant.

  2. The present Protocol is subject to ratification by any State which has ratified or acceded to the Covenant. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

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

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

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

Article 9.   Entry into force


  1. Subject to the entry into force of the Covenant, the present Protocol shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or instrument of accession.

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

Article 10.   Validity in Federal States
The provisions of the present Protocol shall extend to all parts of federal States without any limitations or exceptions.
Article 11.   Amendment of the Optional Protokol


  1. Any State Party to the present Protocol may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate any proposed amendments to the States Parties to the present Protocol with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposal. In the event that at least one third of the States Parties favours such a conference, the Secretary-General shall convene theconference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.

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

  3. When amendments come into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Protocol and any earlier amendment which they have accepted.

Article 12.   Denunciation of the Optinal Protokol


  1. Any State Party may denounce the present Protocol at any time by written notification addressed to the Secretary-General of the United Nations. Denunciation shall take effect three months after the date of receipt of the notification by the Secretary-General.

  2. Denunciation shall be without prejudice to the continued application of the provisions of the present Protocol to any communication submitted under article 2 before the effective date of denunciation.

Article 13.   Notification by the Secretary-General
Irrespective of the notifications made under article 8, paragraph 5, of the present Protocol, the Secretary-General of the United Nations shall inform all States referred to in article 48, paragraph 1 of the Covenant of the following particulars:

  1. Signatures, ratifications and accessions under article 8;

  2. The date of the entry into force of the present Protocol under article 9 and the date of the entry into force of any amendments under article 11;

  3. Denunciations under article 12.

 
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