The Raoul Wallenberg Institute Compilation of Human Rights Instruments: Third Revised Edition (Raoul Wallenberg Institute Human Rights Library)

859 Pages·2012·3.786 MB·English

by  Göran Melander (editor), Gudmundur Alfredsson (editor), Leif Holmström (editor)

The Raoul Wallenberg Institute
Compilation of
Human Rights Instruments
The Raoul Wallenberg Institute
Human Rights Library
Volume 40
The titles published in this series are listed at brill.nl/rawa
The Raoul Wallenberg Institute
Compilation of
Human Rights Instruments
Third, Revised Edition
Edited by
Göran Melander
Gudmundur Alfredsson
Leif Holmström
LEIdEn • boston
2012
Library of Congress Cataloging-in-Publication data
The Raoul Wallenberg Institute compilation of human rights instruments / edited by
Goran Melander, Gudmundur Alfredsson, Leif Holmstrom. -- 3rd rev. ed.
p. cm. -- (Raoul Wallenberg Institute human rights library ; 40)
Isbn 978-90-04-22606-7 (pbk. : alk. paper) -- Isbn 978-90-04-22610-4 (e-book) 1.
Human rights--sources. 2. Civil rights--sources. I. Melander, Göran, 1938- II. Alfredsson,
Gudmundur. III. Holmström, Leif. IV. Raoul Wallenberg institutet för mänskliga rät-
tigheter och humanitär rätt.
K3238.R36 2012
341.4’8--dc23
2012013086
isbn 978 9004 22606 7 (paperback)
isbn 978 9004 22620 4 (e-book)
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Table of Contents
Introduction xi
I. Universal Instruments – General Part 1
1. Universal Declaration of Human Rights 3
2. International Covenant on Economic, Social and Cultural Rights 11
3. Optional Protocol to the International Covenant on Economic,
Social and Cultural Rights 23
4. International Covenant on Civil and Political Rights 33
5. Optional Protocol to the International Covenant on Civil and
Political Rights 55
6. Second Optional Protocol to the International Covenant on Civil
and Political Rights, aiming at the abolition of the death penalty 61
7. International Convention for the Protection of All Persons from
Enforced Disappearance 65
8. Principles Relating to the Status of National Institutions for the
Promotion and Protection of Human Rights (Paris Principles) 87
9. Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms
(Declaration on Human Rights Defenders) 91
10. Global Compact 99
II. Regional Instruments – General Part 101
1. Convention for the Protection of Human Rights and Fundamental
Freedoms (European Convention on Human Rights) 103
2. Protocol to the Convention for the Protection of Human Rights and
Fundamental Freedoms 121
vi Table of Contents
3. Protocol No. 4 to the Convention for the Protection of Human
Rights and Fundamental Freedoms, Securing Certain Rights and
Freedoms Other Than Those Already Included in the Convention
and in the First Protocol Thereto 125
4. Protocol No. 6 to the Convention for the Protection of Human
Rights and Fundamental Freedoms, Concerning the Abolition of
the Death Penalty 129
5. Protocol No. 7 to the Convention for the Protection of Human
Rights and Fundamental Freedoms 133
6. Protocol No. 12 to the Convention for the Protection of Human
Rights and Fundamental Freedoms 137
7. Protocol No. 13 to the Convention for the Protection of Human
Rights and Fundamental Freedoms, concerning the abolition of the
death penalty in all circumstances 141
8. European Social Charter (Revised) 145
9. Additional Protocol to the European Social Charter Providing for a
System of Collective Complaints 177
10. American Convention on Human Rights “Pact of San José,
Costa Rica” 183
11. Additional Protocol to the American Convention on Human Rights
in the Area of Economic, Social and Cultural Rights “Protocol of
San Salvador” 211
12. Protocol to the American Convention on Human Rights to Abolish
the Death Penalty 223
13. African Charter on Human and Peoples’ Rights 225
14. Protocol to the African Charter on Human and Peoples’ Rights on
the Establishment of an African Court on Human and Peoples’ Rights 243
15. Protocol to the African Charter on Human and Peoples’ Rights on
the Rights of Women in Africa 253
III. Race 269
1. International Convention on the Elimination of All Forms of
Racial Discrimination 271
IV. Women 285
1. Convention on the Elimination of All Forms of Discrimination
against Women 287
Table of Contents vii
2. Optional Protocol to the Convention on the Elimination of All
Forms of Discrimination against Women 303
3. Declaration on the Elimination of Violence against Women 311
V. Religion 317
1. Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief 319
VI. Children 325
1. Convention on the Rights of the Child 327
2. Optional Protocol to the Convention on the Rights of the Child on
the Involvement of Children in Armed Confl ict
351
3. Optional Protocol to the Convention on the Rights of the Child on
the Sale of Children, Child Prostitution and Child Pornography 359
VII. Minorities and Indigenous Peoples 369
1. Convention concerning Indigenous and Tribal Peoples in
Independent Countries 371
2. Framework Convention for the Protection of National Minorities 387
3. United Nations Declaration on the Rights of Indigenous Peoples 397
4. The Lund Recommendations on the Effective Participation of
National Minorities in Public Life 411
VIII. Refugees and Migrants 417
1. Convention Relating to the Status of Refugees 419
2. Protocol Relating to the Status of Refugees 439
3. OAU Convention Governing the Specifi c Aspects of Refugee
Problems in Africa 443
4. Cartagena Declaration on Refugees 451
5. Regulation Establishing the Criteria and Mechanisms for
Determining the Member State Responsible for Examining an
Asylum Application Lodged in One of the Member States by a
Third-Country National (Dublin Regulation) 457
6. International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families 479
viii Table of Contents
IX. Disabled Persons 521
1. Convention on the Rights of Persons with Disabilities 523
2. Optional Protocol to the Convention on the Rights
of Persons with Disabilities 553
X. Education 559
1. Convention against Discrimination in Education 561
XI. Labour Standards 569
1. Convention concerning Freedom of Association and Protection of
the Right to Organise 571
2. Convention concerning the Application of the Principles of the
Right to Organise and to Bargain Collectively 579
3. Convention Concerning Forced or Compulsory Labour 585
4. Convention Concerning the Abolition of Forced Labour 597
5. Convention Concerning Minimum Age for Admission
to Employment 601
6. Convention Concerning the Prohibition and Immediate Action for
the Elimination of the Worst Forms of Child Labour 611
7. Convention Concerning Equal Remuneration for Men and Women
Workers for Work of Equal Value 617
8. Convention Concerning Discrimination in Respect of Employment
and Occupation 623
9. ILO Declaration on Fundamental Principles and Rights at Work 629
XII. Torture 635
1. Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment 637
2. Optional Protocol to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment 653
3. European Convention for the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment 669
XIII. Criminal Justice 679
1. Code of Conduct for Law Enforcement Offi cials 681
Table of Contents ix
2. Basic Principles on the Use of Force and Firearms by Law
Enforcement Offi cials 689
3. Body of Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment 695
4. Basic Principles on the Independence of the Judiciary 705
5. Guidelines on the Role of Prosecutors 709
6. Basic Principles on the Role of Lawyers 715
7. Declaration of Basic Principles of Justice for Victims of Crime and
Abuse of Power 721
XIV. International Crimes 727
1. Convention on the Prevention and Punishment of the Crime of
Genocide 729
2. Convention on the Non-Applicability of Statutory Limitations to
War Crimes and Crimes against Humanity 735
3. Rome Statute of the International Criminal Court 739
4. Protocol to Prevent, Suppress and Punish Traffi cking in Persons,
Especially Women and Children, supplementing the United
Nations Convention against Transnational Organized Crime 827
5. Council of Europe Convention on Action against Traffi cking in
Human Beings 839
XV. Intergovernmental Organizations 863
1. Charter of the United Nations 865
Introduction
The Raoul Wallenberg Institute of Human Rights and Humanitarian Law is an
academic institution formed in 1984 at the University of Lund, Sweden. The pur-
pose of the Institute is to promote research, training and academic education in
the broad fi eld of human rights. The Institute works in close cooperation with the
Faculty of Law and other parts of Lund University, as well as with a number of
academic institutions and international organizations dealing with human rights
and humanitarian law.
At Lund, the Raoul Wallenberg Institute administers undergraduate and
graduate programmes in human rights. In addition to human rights, specialized
master’s programmes focus on intellectual property rights and international la-
bour standards. The master’s programmes are open to both Swedish and foreign
students, mostly young lawyers and academics as well as offi cials with govern-
ments and non-governmental organizations. In cooperation with the Swedish In-
ternational Development Cooperation Agency (Sida), the Institute also organizes
extensive academic programmes for the dissemination of human rights standards,
democratic values and the rule of law, in Sweden and in several other countries.
Research and publications are other areas given high priority.
In 1997, The Raoul Wallenberg Institute Compilation of Human Rights In-
struments was published by Martinus Nijhoff Publishers as the fi rst volume in
the series “The Raoul Wallenberg Institute Human Rights Library”. In 2004, the
second edition of that Compilation was published, and the present publication is
the third, revised edition of the book.
Since the second edition of the Compilation went out of print, major human
rights treaties have entered, or are about to enter, into force, and a number of non-
treaty instruments have been adopted. The dynamic development in international
human rights law and the increasing number of instruments have brought about
a revision in the selection of instruments to be included in this new edition of the
Compilation. Like in the previous editions, the selection of instruments is based
on the experience acquired by staff of the Raoul Wallenberg Institute; most of
the texts reproduced are the subject of frequent references in courses, seminars
and workshops organized by the Institute. The treaties and non-treaty instruments
chosen, 71 altogether, are either universal or regional, some of them of general