HRI/GEN/1/Rev.9 (Vol. II)
page 373
UNITEDNATIONS / HRI
International
Human Rights
Instruments / Distr.
GENERAL
HRI/GEN/1/Rev.9 (Vol. II)
27 May 2008
Original: ENGLISH
INTERNATIONAL HUMAN RIGHTS INSTRUMENTS
Volume II
compilation of general comments andgeneral 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 CulturalRights, 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 onMigrant Workers has not yet adopted any general comments.
HRI/GEN/1/Rev.9 (Vol. II)
page 373
CONTENTS
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I. GENERAL COMMENTS ADOPTED BY THE COMMITTEE ON
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
General comment No. 1: Reporting by States parties
General comment No. 2: International technical assistance measures
(art. 22 of the Covenant)
General comment No. 3: The nature of States parties’ obligations
(art. 2, para. 1, of the Covenant)
General comment No. 4: The right to adequate housing
(article 11 (1) of the Covenant)
General comment No. 5: Persons with disabilities
General comment No. 6: The economic, social and cultural rights of
older persons
General comment No. 7: The right to adequate housing
(art. 11 (1) of the Covenant): forced evictions
General comment No. 8: The relationship between economic sanctions
and respect for economic, social and cultural rights
General comment No. 9: The domestic application of the Covenant
General comment No. 10: The role of national human rights institutions
in the protection of economic, social and cultural rights
General comment No. 11: Plans of action for primary education (art. 14)
General comment No. 12: The right to adequate food (art. 11)
General comment No. 13: The right to education (art. 13)
General comment No. 14: The right to the highest attainable standard
of health (art. 12)
General comment No. 15: The right to water (arts. 11 and 12 of the Covenant)
General comment No. 16: The equal right of men and women to the
enjoyment of all economic, social and cultural rights (art. 3)
CONTENTS (continued)
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General comment No. 16: The equal right of men and women to the
enjoyment of all economic, social and cultural rights (art. 3)
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)
General comment No. 18: The right to work (art. 6)
General comment No. 19: The right to security (art. 9)
II. GENERAL COMMENTS ADOPTED BY THE HUMAN
RIGHTS COMMITTEE
General comment No. 1: Reporting obligation
General comment No. 2: Reporting guidelines
General comment No. 3: Article 2 (Implementation at the national level)
General comment No. 4: Article 3 (Equal right of men and women
to the enjoyment of all civil and political rights)
General comment No. 5: Article 4 (Derogations)
General comment No. 6: Article 6 (Right to life)
General comment No. 7: Article 7 (Prohibition of torture or cruel,
inhuman or degrading treatment or punishment)
General comment No. 8: Article 9 (Right to liberty and security of persons)
General comment No. 9: Article 10 (Humane treatment of persons
deprived of their liberty)
General comment No. 10: Article 19 (Freedom of opinion)
General comment No. 11: Article 20
General comment No. 12: Article 1 (Right to self-determination)
General comment No. 13: Article 14 (Administration of justice)
General comment No. 14: Article 6 (Right to life)
CONTENTS (continued)
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General comment No. 15: The position of aliens under the Covenant
General comment No. 16: Article 17 (Right to privacy)
General comment No. 17: Article 24 (Rights of the child)
General comment No. 18: Non-discrimination
General comment No. 19: Article 23 (The family)
General comment No. 20: Article 7 (Prohibition of torture, or other
cruel, inhuman or degrading treatment or punishment)
General comment No. 21: Article 10 (Humane treatment of persons
deprived of their liberty)
General comment No. 22: Article 18 (Freedom of thought, conscience
or religion)
General comment No. 23: Article 27 (Rights of minorities)
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
General comment No. 25: Article 25 (Participation in public affairs
and the right to vote)
General comment No. 26: Continuity of obligations
General comment No. 27: Article 12 (Freedom of movement)
General comment No. 28: Article 3 (The equality of rights between
men and women)
General comment No. 29: Article 4: Derogations during a state
of emergency
General comment No. 30: Reporting obligations of States parties
under article 40 of the Covenant
General comment No. 31: The Nature of the General Legal Obligation
Imposed on States Parties to the Covenant
General comment No. 32: Right to equality before courts and
tribunals and to a fair trial
CONTENTS (continued)
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Volume II
III. GENERAL RECOMMENDATIONS ADOPTED BY THE COMMITTEE
ON THE ELIMINATION OF RACIAL DISCRIMINATION 269
General recommendation I concerning States parties’ obligations
(art. 4 of the Convention) 269
General recommendation II concerning States parties’ obligations 269
General recommendation III concerning reporting by States parties 270
General recommendation IV concerning reporting by States parties
(art. 1 of the Convention) 271
General recommendation V concerning reporting by States parties
(art. 7 of the Convention) 271
General recommendation VI concerning overdue reports 272
General recommendation VII relating to the implementation of article 4 273
General recommendation VIII concerning the interpretation and
application of article 1, paragraphs 1 and 4 of the Convention 274
General recommendation IX concerning the application of
article 8, paragraph 1, of the Convention 274
General recommendation X concerning technical assistance 275
General recommendation XI on non-citizens 275
General recommendation XII on successor States 276
General recommendation XIII on the training of law enforcement
officials in the protection of human rights 276
General recommendation XIV on article 1, paragraph 1, of the Convention 277
General recommendation XV on article 4 of the Convention 277
General recommendation XVI concerning the application of
article 9 of the Convention 279
General recommendation XVII on the establishment of national institutions
to facilitate the implementation of the Convention 279
CONTENTS (continued)
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General recommendation XVIII on the establishment of an international
tribunal to prosecute crimes against humanity 280
General recommendation XIX on article 3 of the Convention 281
General recommendation XX on article 5 of the Convention 281
General recommendation XXI on the right to self-determination 282
General recommendation XXII on article 5 of the Convention
on refugees and displaced persons 284
General recommendation XXIII on the rights of indigenous peoples 285
General recommendation XXIV concerning article 1 of the Convention 286
General recommendation XXV on gender-related dimensions
of racial discrimination 287
General recommendation XXVI on article 6 of the Convention 288
General recommendation XXVII on discrimination against Roma 289
General recommendation XXVIII on the follow-up to the World Conference
against Racism, Racial Discrimination, Xenophobia and Related Intolerance 294
General recommendation XXIX on article 1, paragraph 1,
of the Convention (Descent) 296
General recommendation XXX on discrimination against non-citizens 301
General recommendation XXXI on the prevention of racial discrimination
in the administration and functioning of the criminal justice system 306
IV. GENERAL RECOMMENDATIONS ADOPTED BY THE COMMITTEE
ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN 318
General recommendation No. 1: Reporting by States parties 318
General recommendation No. 2: Reporting by States parties 318
General recommendation No. 3: Education and public information campaigns 319
CONTENTS (continued)
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General recommendation No. 4: Reservations 319
General recommendation No. 5: Temporary special measures 320
General recommendation No. 6: Effective national machinery and publicity 320
General recommendation No. 7: Resources 321
General recommendation No. 8: Implementation of
article 8 of the Convention 322
General recommendation No. 9: Statistical data concerning
the situation of women 322
General recommendation No. 10: Tenth anniversary of the adoption
of the Convention on the Elimination of All Forms of
Discrimination against Women 323
General recommendation No. 11: Technical advisory services
for reporting obligations 324
General recommendation No. 12: Violence against women 324
General recommendation No. 13: Equal remuneration for
work of equal value 325
General recommendation No. 14: Female circumcision 326
General recommendation No. 15: Avoidance of discrimination against
women in national strategies for the prevention and control of acquired
mmunodeficiency syndrome (AIDS) 327
General recommendation No. 16: Unpaid women workers in
rural and urban family enterprises 328
General recommendation No. 17: Measurement and quantification of
the unremunerated domestic activities of women and their recognition
in the gross national product 329
General recommendation No. 18: Disabled women 330
General recommendation No. 19: Violence against women 331
General recommendation No. 20: Reservations to the Convention 336
General recommendation No. 21: Equality in marriage and family relations 337
CONTENTS (continued)
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General recommendation No. 22: Amending article 20 of the Convention 346
General recommendation No. 23: Political and public life 347
General recommendation No. 24: Article 12 of the Convention
(women and health) 358
General recommendation No. 25: Article 4, paragraph 1,
of the Convention (temporary special measures) 365
V. GENERAL COMMENTS ADOPTED BY THE
COMMITTEE AGAINST TORTURE 374
General comment No. 1: Implementation of article 3 of the Convention
in the context of article 22 (Refoulement and communications) 374
General comment No. 2: Implementation of article 2 by States parties 376
VI. GENERAL COMMENTS ADOPTED BY THE COMMITTEE
ON THE RIGHTS OF THE CHILD 384
General comment No. 1: The aims of education 384
General comment No. 2: The role of independent national human rights
institutions in the promotion and protection of the rights of the child 391
General comment No. 3: HIV/AIDS and the rights of the child 398
General comment No. 4: Adolescent health and development
in the context of the Convention on the Rights of the Child 410
General comment No. 5: General measures of implementation of the
Convention on the Rights of the Child (arts. 4, 42 and 44, para. 6) 421
General comment No. 6: Treatment of unaccompanied and separated
children outside their country of origin 441
General comment No. 7: Implementing child rights in early childhood 466
General comment No. 8: The right of the child to protection from
corporal punishment and other cruel or degrading forms of punishment
(arts. 19; 28, para. 2; and 37, inter alia) 485
General comment No. 9: The rights of children with disabilities 497
General comment No. 10: Children’s rights in juvenile justice 519
HRI/GEN/1/Rev.9 (Vol. II)
page 373
III. GENERAL RECOMMENDATIONS ADOPTED BY THE COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION
According to article 9, paragraph 2, of the International Convention on the Elimination of All Forms of Racial Discrimination, the Committee 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 GeneralAssembly together with comments, if any, from States parties. The Committee has so far adopted a total of 18 general recommendations.
Fifth session (1972)[*]
General recommendation I concerning States parties’ obligations(art. 4 of the Convention)
On the basis of the consideration at its fifth session of reports submitted by States parties under article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination, the Committee found that the legislation of a number of States parties did not include the provisions envisaged in article 4 (a) and (b) of the Convention, the implementation of which (with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of the Convention) is obligatory under the Convention for all States parties.
The Committee accordingly recommends that the States parties whose legislation was deficient in this respect should consider, in accordance with their national legislative procedures, the question of supplementing their legislation with provisions conforming to the requirements of article 4 (a) and (b) of the Convention.
Fifth session (1972)*
General recommendation II concerning States parties’ obligations
The Committee has considered some reports from States parties which expressed or implied the belief that the information mentioned in the Committee’s communication of28January 1970 (CERD/C/R.12), need not be supplied by States parties on whose territories racial discrimination does not exist.
However, inasmuch as, in accordance with article 9, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination, all States parties undertake to submit reports on the measures that they have adopted and that give effect to the provisions of the Convention and, since all the categories of information listed in the Committee’s communication of 28 January 1970 refer to obligations undertaken by the States
parties under the Convention, that communication is addressed to all States parties without distinction, whether or not racial discrimination exists in their respective territories. The Committee welcomes the inclusion in the reports from all States parties, which have not done so, of the necessary information in conformity with all the headings set out in the aforementioned communication of the Committee.
Sixth session (1972)[*]
General recommendation III concerning reporting by States parties
The Committee has considered some reports from States parties containing information about measures taken to implement resolutions of UnitedNations organs concerning relations with the racist regimes in southern Africa.
The Committee notes that, in the tenth paragraph of the preamble to the International Convention on the Elimination of All Forms of Racial Discrimination, States parties have “resolved”, inter alia, “to build an international community free from all forms of racial segregation and racial discrimination”.
It notes also that, in article 3 of the Convention, “States parties particularly condemn racial segregation and apartheid”.