UNITED
NATIONS
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HRI
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International
Human Rights
Instruments
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Distr.
GENERAL
HRI/GEN/1/Rev.9 (Vol. I)
27 May 2008
Original: ENGLISH
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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)
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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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