Human rights instruments




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UNITED
NATIONS





HRI




International
Human Rights
Instruments


Distr.
GENERAL

HRI/GEN/1/Rev.9 (Vol. I)


27 May 2008

Original: ENGLISH




HUMAN RIGHTS INSTRUMENTS

Volume I

compilation of general comments and
general recommendations adopted by
human rights treaty bodies

Note by the Secretariat


This document contains a compilation of the general comments or general recommendations adopted, respectively, by the Committee on Economic, Social and Cultural Rights, the Human Rights Committee, the Committee on the Elimination of Racial Discrimination, the Committee on the Elimination of Discrimination against Women, the Committee against Torture and the Committee on the Rights of the Child. The Committee on Migrant Workers has not yet adopted any general comments.

CONTENTS

Page

I. GENERAL COMMENTS ADOPTED BY THE COMMITTEE ON


ECONOMIC, SOCIAL AND CULTURAL RIGHTS 1

General comment No. 1: Reporting by States parties 1

General comment No. 2: International technical assistance measures
(art. 22 of the Covenant) 4

General comment No. 3: The nature of States parties’ obligations


(art. 2, para. 1, of the Covenant) 7

General comment No. 4: The right to adequate housing


(art. 11 (1) of the Covenant) 11

General comment No. 5: Persons with disabilities 17

General comment No. 6: The economic, social and cultural rights
of older persons 27

General comment No. 7: The right to adequate housing


(art. 11 (1) of the Covenant): Forced evictions 38

General comment No. 8: The relationship between economic sanctions


and respect for economic, social and cultural rights 43

General comment No. 9: The domestic application of the Covenant 47

General comment No. 10: The role of national human rights institutions
in the protection of economic, social and cultural rights 51

General comment No. 11: Plans of action for primary education (art. 14) 52

General comment No. 12: The right to adequate food (art. 11) 55

General comment No. 13: The right to education (art. 13) 63

General comment No. 14: The right to the highest attainable
standard of health (art. 12) 78

General comment No. 15: The right to water (arts. 11 and 12


of the Covenant) 97

General comment No. 16: The equal right of men and women to the


enjoyment of all economic, social and cultural rights (art. 3) 113

CONTENTS (continued)

Page

General comment No. 17: The right of everyone to benefit from the


protection of the moral and material interests resulting from any scientific,
literary or artistic production of which he or she is the author (art. 15) 123

General comment No. 18: The right to work (art. 6) 139

General comment No. 19: The right to social security (art. 9) 152

II. GENERAL COMMENTS ADOPTED BY THE HUMAN RIGHTS


COMMITTEE 172

General comment No. 1: Reporting obligation 173

General comment No. 2: Reporting guidelines 173

General comment No. 3: Article 2 (Implementation at the national level) 174

General comment No. 4: Article 3 (Equal right of men and women to the
enjoyment of all civil and political rights) 175

General comment No. 5: Article 4 (Derogations) 176

General comment No. 6: Article 6 (Right to life) 176

General comment No. 7: Article 7 (Prohibition of torture or cruel,


inhuman or degrading treatment or punishment) 178

General comment No. 8: Article 9 (Right to liberty and security of persons) 179

General comment No. 9: Article 10 (Humane treatment of persons
deprived of their liberty) 180

General comment No. 10: Article 19 (Freedom of opinion) 181

General comment No. 11: Article 20 182

General comment No. 12: Article 1 (Right to self determination) 183

General comment No. 13: Article 14 (Administration of justice) 184

General comment No. 14: Article 6 (Right to life) 188

General comment No. 15: The position of aliens under the Covenant 189

CONTENTS (continued)

Page

General comment No. 16: Article 17 (Right to privacy) 191

General comment No. 17: Article 24 (Rights of the child) 193

General comment No. 18: Non discrimination 195

General comment No. 19: Article 23 (The family) 198

General comment No. 20: Article 7 (Prohibition of torture, or other


cruel, inhuman or degrading treatment or punishment) 200

General comment No. 21: Article 10 (Humane treatment of persons


deprived of their liberty) 202

General comment No. 22: Article 18 (Freedom of thought,


conscience or religion) 204

General comment No. 23: Article 27 (Rights of minorities) 207

General comment No. 24: Issues relating to reservations made upon
ratification or accession to the Covenant or the Optional Protocols
thereto, or in relation to declarations under article 41 of the Covenant 210

General comment No. 25: Article 25 (Participation in public affairs


and the right to vote) 217

General comment No. 26: Continuity of obligations 222

General comment No. 27: Article 12 (Freedom of movement) 223

General comment No. 28: Article 3 (The equality of rights between


men and women) 228

General comment No. 29: Article 4: Derogations during a state


of emergency 234

General comment No. 30: Reporting obligations of States parties


under article 40 of the Covenant 242

General comment No. 31: The Nature of the General Legal Obligation


Imposed on States Parties to the Covenant 243

General comment No. 32: Right to equality before courts and tribunals


and to a fair trial 248

CONTENTS (continued)

Page

Volume II

III. GENERAL RECOMMENDATIONS ADOPTED BY THE COMMITTEE


ON THE ELIMINATION OF RACIAL DISCRIMINATION

General recommendation I concerning States parties’ obligations


(art. 4 of the Convention)

General recommendation II concerning States parties’ obligations

General recommendation III concerning reporting by States parties

General recommendation IV concerning reporting by States parties


(art. 1 of the Convention)

General recommendation V concerning reporting by States parties


(art. 7 of the Convention)

General recommendation VI concerning overdue reports

General recommendation VII relating to the implementation of article 4

General recommendation VIII concerning the interpretation and


application of article 1, paragraphs 1 and 4, of the Convention

General recommendation IX concerning the application of article 8,


paragraph 1, of the Convention

General recommendation X concerning technical assistance

General recommendation XI on non citizens

General recommendation XII on successor States

General recommendation XIII on the training of law enforcement
officials in the protection of human rights

General recommendation XIV on article 1, paragraph 1, of the Convention

General recommendation XV on article 4 of the Convention

General recommendation XVI concerning the application


of article 9 of the Convention

General recommendation XVII on the establishment of national


institutions to facilitate the implementation of the Convention

CONTENTS (continued)

Page

General recommendation XVIII on the establishment of an international


tribunal to prosecute crimes against humanity

General recommendation XIX on article 3 of the Convention

General recommendation XX on article 5 of the Convention

General recommendation XXI on the right to self determination

General recommendation XXII on article 5 of the Convention
on refugees and displaced persons

General recommendation XXIII on the rights of indigenous peoples

General recommendation XXIV concerning article 1 of the Convention

General recommendation XXV on gender related dimensions of


racial discrimination

General recommendation XXVI on article 6 of the Convention

General recommendation XXVII on discrimination against Roma

General recommendation XXVIII on the follow up to the World


Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance

General recommendation XXIX on article 1, paragraph 1,


of the Convention (Descent)

General recommendation XXX on discrimination against non citizens

General recommendation XXXI on the prevention of racial
discrimination in the administration and functioning of the
criminal justice system

IV. GENERAL RECOMMENDATIONS ADOPTED BY THE


COMMITTEE ON THE ELIMINATION OF DISCRIMINATION
AGAINST WOMEN

General recommendation No. 1: Reporting by States parties

General recommendation No. 2: Reporting by States parties

General recommendation No. 3: Education and public information campaigns



CONTENTS (continued)

Page

General recommendation No. 4: Reservations

General recommendation No. 5: Temporary special measures

General recommendation No. 6: Effective national machinery and publicity

General recommendation No. 7: Resources

General recommendation No. 8: Implementation of article 8 of the Convention

General recommendation No. 9: Statistical data concerning the situation
of women

General recommendation No. 10: Tenth anniversary of the adoption


of the Convention on the Elimination of All Forms of Discrimination
against Women

General recommendation No. 11: Technical advisory services for


reporting obligations

General recommendation No. 12: Violence against women

General recommendation No. 13: Equal remuneration for work of equal value

General recommendation No. 14: Female circumcision

General recommendation No. 15: Avoidance of discrimination
against women in national strategies for the prevention and control
of acquired immunodeficiency syndrome (AIDS)

General recommendation No. 16: Unpaid women workers


in rural and urban family enterprises

General recommendation No. 17: Measurement and quantification


of the unremunerated domestic activities of women and their
recognition in the gross national product

General recommendation No. 18: Disabled women

General recommendation No. 19: Violence against women

General recommendation No. 20: Reservations to the Convention

General recommendation No. 21: Equality in marriage and family relations

General recommendation No. 22: Amending article 20 of the Convention



CONTENTS (continued)

Page

General recommendation No. 23: Political and public life

General recommendation No. 24: Article 12 of the Convention (women and health)

General recommendation No. 25: Article 4, paragraph 1, of the Convention


(temporary special measures)

V. GENERAL COMMENTS ADOPTED BY THE COMMITTEE


AGAINST TORTURE

General comment No. 1: Implementation of article 3 of the Convention


in the context of article 22 (Refoulement and communications)

General comment No. 2: Implementation of article 2 by States parties

VI. GENERAL COMMENTS ADOPTED BY THE COMMITTEE ON
THE RIGHTS OF THE CHILD

General comment No. 1: The aims of education

General comment No. 2: The role of independent national human
rights institutions in the promotion and protection of the rights
of the child

General comment No. 3: HIV/AIDS and the rights of the child

General comment No. 4: Adolescent health and development in the
context of the Convention on the Rights of the Child

General comment No. 5: General measures of implementation of the


Convention on the Rights of the Child (arts. 4, 42 and 44, para. 6)

General comment No. 6: Treatment of unaccompanied and separated


children outside their country of origin

General comment No. 7: Implementing child rights in early childhood

General comment No. 8: The right of the child to protection
from corporal punishment and other cruel and degrading
forms of punishment (arts. 19; 28 para. 2; and 37, inter alia)

General comment No. 9: The rights of children with disabilities

General comment No. 10: Children’s rights in juvenile justice

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