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International human rights conventions and other legal instruments
(Draft Article 9)
- 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 9, paragraph (a)
ICCPR, Article 16: Everyone shall have the right to recognition everywhere
as a person before the law.
ICCPR, Article 26: All persons are equal before the law and are entitled
without any discrimination to the equal protection of the law.
CERD, Article 5(a): 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: (a) The right to equal treatment before the tribunals
and all other organs administering justice (…)
CEDAW, Article 15 (1): States Parties shall accord to women equality
with men before the law.
Related to Draft Article 9, paragraph (b)
CEDAW, Article 15 (2): 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.
Related to Draft Article 9, paragraph (c) (i)
Cfr. CRC, Article 12:
1. States Parties shall assure to the child who is capable of forming
his or her own views the right to express those views freely in all matters
affecting the child, the views of the child being given due weight in
accordance with the age and maturity of the child.
2. For this purpose, the child shall in particular be provided the opportunity
to be heard in any judicial and administrative proceedings affecting the
child, either directly, or through a representative or an appropriate
body, in a manner consistent with the procedural rules of national law.
Related to Draft Article 9, paragraph (d)
Cfr. CRC, Article 40(2)(b)(vi):Every child alleged as or accused of
having infringed the penal law has at least the following guarantees:
… (vi) To have the free assistance of an interpreter if the child cannot
understand or speak the language used;
Related to Draft Article 9, paragraph (e)
CERD, Article 5(d): 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: … (v) The right to own property alone as well as in association
with others; (vi) The right to inherit;
CEDAW, Article 13(b): 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: … (b) The right to bank loans, mortgages
and other forms of financial credit;
CEDAW, Article 15 (2): …In particular, [States Parties] 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.
Related to Draft Article 9, paragraph (f)
CEDAW, Article 15 (2): …In particular, [States Parties] shall give women
equal rights (…) to administer property…
Cfr. UDHR (Universal Declaration of Human Rights), Article 17:
1. Everyone has the right to own property alone as well as in association
with others.
2. No one shall be arbitrarily deprived of his property.
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