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International human rights conventions and other legal instruments
(Draft Article 10)
- ICESCR: International Covenant on Economic, Social and Cultural Rights
- ICCPR: International Covenant on Civil and Political Rights
- CERD: Convention on the Elimination of Racial Discrimination
- CEDAW: Convention on the Elimination of All Forms of Discrimination against Women
- CAT: Convention Against Torture
- CRC: Convention on the Rights of the Child
- ILO Convention 159: Vocational Rehabilitation and Employment (Disabled Persons)
- ILO Recommendation 168: Vocational Rehabilitation and Employment (Disabled Persons)
Related to Draft Article 10, paragraph 1 (a)
ICCPR, Article 9(1), first sentence: Everyone has the right to liberty
and security of person.
CERD, Article 5: In compliance with the fundamental obligations laid
down in article 2 of this Convention, States Parties undertake to (…)
guarantee the right of everyone, without distinction as to race, colour,
or national or ethnic origin, to equality before the law, notably in the
enjoyment of the following rights: (b) 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;
Related to Draft Article 10, paragraph 1 (b)
ICCPR, Article 9(1), second and third sentences: No one shall be subjected
to arbitrary arrest or detention. No one shall be deprived of his liberty
except on such grounds and in accordance with such procedure as are established
by law.
Cfr. CRC, Article 37(b): States Parties shall ensure that: … (b) No child
shall be deprived of his or her liberty unlawfully or arbitrarily. The
arrest, detention or imprisonment of a child shall be in conformity with
the law and shall be used only as a measure of last resort and for the
shortest appropriate period of time;
Related to Draft Article 10, paragraph 2 (a)
ICCPR, Article 10(1): All persons deprived of their liberty shall be
treated with humanity and with respect for the inherent dignity of the
human person.
CRC, Article 37(c): States Parties shall ensure that: … (c) Every child
deprived of liberty shall be treated with humanity and respect for the
inherent dignity of the human person, and in a manner which takes into
account the needs of persons of his or her age. In particular, every child
deprived of liberty shall be separated from adults unless it is considered
in the child's best interest not to do so and shall have the right to
maintain contact with his or her family through correspondence and visits,
save in exceptional circumstances;
CRC, Article 40(1): States Parties recognize the right of every child
alleged as, accused of, or recognized as having infringed the penal law
to be treated in a manner consistent with the promotion of the child's
sense of dignity and worth, which reinforces the child's respect for the
human rights and fundamental freedoms of others and which takes into account
the child's age and the desirability of promoting the child's reintegration
and the child's assuming a constructive role in society.
Related to Draft Article 10, paragraph 2 (b)
ICCPR, Article 9(2): Anyone who is arrested shall be informed, at the
time of arrest, of the reasons for his arrest and shall be promptly informed
of any charges against him.
ICCPR, Article 14(3), (a) and (f): In the determination of any criminal
charge against him, everyone shall be entitled to the following minimum
guarantees, in full equality: (a) To be informed promptly and in detail
in a language which he understands of the nature and cause of the charge
against him; … (f) To have the free assistance of an interpreter if he
cannot understand or speak the language used in court;
CRC, Article 40(b), (ii) and (vi): … States Parties shall, in particular,
ensure that: … (b) Every child alleged as or accused of having infringed
the penal law has at least the following guarantees: … (ii) To be informed
promptly and directly of the charges against him or her, and, if appropriate,
through his or her parents or legal guardians…
Related to Draft Article 10, paragraph 2 (c)
ICCPR, Article 14(3), (b), (d) and (f): In the determination of any
criminal charge against him, everyone shall be entitled to the following
minimum guarantees, in full equality: … (b) To have adequate time and
facilities for the preparation of his defence and to communicate with
counsel of his own choosing;… (d) To be tried in his presence, and to
defend himself in person or through legal assistance of his own choosing;
to be informed, if he does not have legal assistance, of this right; and
to have legal assistance assigned to him, in any case where the interests
of justice so require, and without payment by him in any such case if
he does not have sufficient means to pay for it; … (f) To have the free
assistance of an interpreter if he cannot understand or speak the language
used in court;
CRC, Article 37(d): States Parties shall ensure that: … (d) Every child
deprived of his or her liberty shall have the right to prompt access to
legal and other appropriate assistance…
CRC, Article 40(b), (ii) and (vi): … States Parties shall, in particular,
ensure that: … (b) Every child alleged as or accused of having infringed
the penal law has at least the following guarantees: … (ii) To be informed
promptly and directly of the charges against him or her, and, if appropriate,
through his or her parents or legal guardians… (vi) To have the free assistance
of an interpreter if the child cannot understand or speak the language
used;
Related to Draft Article 10, paragraph 2 (c) (i)
CRC, Article 40(b)(iii): … States Parties shall, in particular, ensure
that: … (b) Every child alleged as or accused of having infringed the
penal law has at least the following guarantees: …(iii) To have the matter
determined without delay by a competent, independent and impartial authority
or judicial body in a fair hearing according to law, in the presence of
legal or other appropriate assistance and, unless it is considered not
to be in the best interest of the child, in particular, taking into account
his or her age or situation, his or her parents or legal guardians;
Related to Draft Article 10, paragraph 2 (c) (ii)
ICCPR, Article 14(5): Everyone convicted of a crime shall have the right
to his conviction and sentence being reviewed by a higher tribunal according
to law.
CRC, Article 37(d): States Parties shall ensure that: … (d) Every child
deprived of his or her liberty shall have (…) the right to challenge the
legality of the deprivation of his or her liberty before a court or other
competent, independent and impartial authority, and to a prompt decision
on any such action.
CRC, Article 40(b)(v): … States Parties shall, in particular, ensure
that: … (b) Every child alleged as or accused of having infringed the
penal law has at least the following guarantees: …(v) If considered to
have infringed the penal law, to have this decision and any measures imposed
in consequence thereof reviewed by a higher competent, independent and
impartial authority or judicial body according to law;
Related to Draft Article 10, paragraph 2 (d)
ICCPR, Article 9(5): Anyone who has been the victim of unlawful arrest
or detention shall have an enforceable right to compensation.
ICCPR, Article 14(6): When a person has by a final decision been convicted
of a criminal offence and when subsequently his conviction has been reversed
or he has been pardoned on the ground that a new or newly discovered fact
shows conclusively that there has been a miscarriage of justice, the person
who has suffered punishment as a result of such conviction shall be compensated
according to law, unless it is proved that the non-disclosure of the unknown
fact in time is wholly or partly attributable to him.
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