1.

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

Preamble

The States Parties to the present Covenant, Considering that, in accordance with the principles
proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is the foundation of freedom, justice and peace in
the world, Recognizing that these rights derive from the inherent dignity of the human person.

Article 1.

1. All people have the right of self-determination.

2. Free disposition of their natural wealth
3. The state shall promote the realization of the right of self-determination

Each State Party to the present Covenant undertakes to respect and to ensure to all individuals
within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without
distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status.

Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as herein recognized are violated
shall have an effective remedy
(b) To ensure that any person claiming such a remedy shall have his right thereto determined
by competent judicial, administrative or legislative authorities, or by any other competent
authority
(c) To ensure that the competent authorities shall enforce such remedies when granted.

Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform
the other States Parties to the present Covenant, through the intermediary of the Secretary General of
the United Nations, of the provisions from which it has derogated and of the reasons by which it was
actuated. (Article 4)

Nothing in the present Covenant may be interpreted as implying for any State, group or person any right
to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms
recognized (Article 5)

Every human being has the inherent right to life. This right shall be protected by law. No one shall be
arbitrarily deprived of his life. (Article 6)
 However, In countries which have not abolished the death penalty, sentence of death may be
imposed only for the most serious crimes in accordance with the law in force at the time of the
commission of the crime and not contrary to the provisions of the present Covenant and to the
Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried
out pursuant to a final judgment rendered by a competent court.

Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and
shall not be carried out on pregnant women.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

No one shall be held in slavery and "forced or compulsory labour"

For the purpose of this paragraph the term "forced or compulsory labour" shall not
include:

(i) Any work or service, normally required of a person who is under detention in
consequence of a lawful order, any service of a military character, or any service
exacted in cases of emergency or calamity threatening the life or well-being of
the community.

Back to the rights,

Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary
arrest or detention. Given that, all persons deprived of their liberty shall be treated with humanity and
with respect for the inherent dignity of the human person.

. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and
shall be promptly informed of any charges against him.

No one shall be arbitrarily deprived of the right to enter his own country.

In rights pertaining to criminal prosecutions, all persons shall be equal before the courts and tribunals. In
the determination of any criminal charge against him, or of his rights and obligations in a suit at law,
everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal
established by law.

Everyone charged with a criminal offence shall have the right to be presumed innocent.

To be informed promptly and in detail in a language which he understands of the nature and cause of the
charge against him.

To have adequate time and facilities for the preparation of his defence and to communicate with counsel
of his own choosing

To be tried without undue delay

Everyone shall have the right to recognition everywhere as a person before the law.

1. Any propaganda for war shall be prohibited by law.

2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence shall be prohibited by law. (Article 20)

Everyone shall have the right to freedom of association with others, including the right to form and join
trade unions for the protection of his interests (Article 22)

No marriage shall be entered into without the free and full consent of the intending spouses. (Article 23)

THE RIGHTS OF THE CHILD

1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or
social origin, property or birth, the right to such measures of protection as are required by his status as a
minor, on the part of his family, society and the State.

2. Every child shall be registered immediately after birth and shall have a name.

3. Every child has the right to acquire a nationality.

Equal Protection Clause, All persons are equal before the law and are entitled without any discrimination
to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee
to all

persons equal and effective protection against discrimination on any ground such as race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or other status.
(Article 26)

HUMAN RIGHTS COMMITTEE

- It shall consist of eighteen members and shall carry out the functions hereinafter provided.
The Committee shall be composed of nationals of the States Parties to the present Covenant
who shall be persons of high moral character and recognized competence in the field of
human rights, consideration being given to the usefulness of the participation of some
persons having legal experience.
- The Committee may not include more than one national of the same State.
The members of the Committee shall, with the approval of the General Assembly of the United Nations,
receive emoluments from United Nations resources on such terms and conditions as the General
Assembly may decide, having regard to the importance of the Committee's responsibilities. (Article 35)

REPORTING

The States Parties to the present Covenant undertake to submit reports on the measures they have
adopted which give effect to the rights recognized herein and on the progress made in the enjoyment of
those rights: (a) Within one year of the entry into force of the present Covenant for the States Parties
concerned; (b) Thereafter whenever the Committee so request.

If a State Party to the present Covenant considers that another State Party is not giving effect to the
provisions of the present Covenant, it may, by written communication, bring the matter to the attention
of that State Party. Within three months after the receipt of the communication the receiving State shall
afford the State which sent the communication an explanation, or any other statement in writing clarifying
the matter which should include, to the extent possible and pertinent, reference to domestic procedures
and remedies taken, pending, or available in the matter.

Implementation of the Covenant

The provisions for the implementation of the present Covenant shall apply without prejudice to
the procedures prescribed in the field of human rights by or under the constituent instruments and the
conventions of the United Nations and of the specialized agencies and shall not prevent the States Parties
to the present Covenant from having recourse to other procedures for settling a dispute in accordance
with general or special international agreements in force between them.

The present Covenant is open for signature by any State Member of the United Nations or
member of any of its specialized agencies, by any State Party to the Statute of the International Court of
Justice, and by any other State which has been invited by the General Assembly of the United Nations to
become a Party to the present Covenant.

Amendments

Amendments shall come into force when they have been approved by the General Assembly of
the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in
accordance with their respective constitutional processes. 3. When amendments come into force, they
shall be binding on those States Parties which have accepted them, other States Parties still being bound
by the provisions of the present Covenant and any earlier amendment which they have accepted.
 2. GENERAL COMMENT NO. 6 (2005), Treatment of unaccompanied and separated children
outside their country of origin

Objectives of the GENERAL COMMENT

- To draw attention to the particularly vulnerable situation of unaccompanied and separated

children;
- To outline the multifaceted challenges faced by States and other actors in ensuring that such
children are able to access and enjoy their rights; and,
- To provide guidance on the protection, care and proper treatment of unaccompanied and
separated children based on the entire legal framework provided by the Convention on the
Rights of the Child (the “Convention”), with particular reference to the principles of non-
discrimination, the best interests of the child and the right of the child to express his or her
views freely.

STRUCTURE AND SCOPE OF GENERAL COMMENT

It applies to unaccompanied and separated children who find themselves outside of their country
of nationality or, if stateless, outside their country of habitual residence. The General Comment applies
to all such children irrespective of their residence status and reasons for being abroad, and whether they
are unaccompanied or separated. However, it does not apply to children who have not crossed an
international border, even though the Committee acknowledges the many similar challenges related to
internally displaced unaccompanied and separated children, recognizes that much of the guidance offered
below is also valuable in relation to such children.

DEFINITION OF TERMS

Unaccompanied children (also called unaccompanied minors) are children, as defined in article 1
of the Convention, who have been separated from both parents and other relatives and are not being
cared for by an adult who, by law or custom, is responsible for doing so.

Separated children are children, as defined in article 1 of the Convention, who have been
separated from both parents, or from their previous legal or customary primary care-giver, but not
necessarily from other relatives. These may, therefore, include children accompanied by other adult
family members.

A “child as defined in article 1 of the Convention”, means “every human being below the age of
eighteen years unless under the law applicable to the child, majority is attained earlier.” This means that
any instruments governing children in the territory of the State, cannot define a child in any way that
deviates from the norms determining the age of majority in that State. If not otherwise specified, the
guidelines below apply equally to both unaccompanied and separated children.

Country of origin is the country of nationality, or, in the case of a stateless child, the country of habitual
residence.
IV. APPLICABLE PRINCIPLES

a) Legal obligations of State parties for all unaccompanied or separated children in their territory
and measures for their implementation

Obligations deriving from the Convention vis-à-vis unaccompanied and separated children apply to all
branches of government (executive, legislative and judicial). They include the obligation to establish
national legislation; administrative structures; and the necessary research, information, data
compilation and comprehensive training activities to support such measures.

States parties to the Convention have to ensure that the provisions and principles of the treaty are
fully reflected and given legal effect in relevant domestic legislation.

States are expected to accept and facilitate assistance offered within their respective mandates by
UNICEF, UNHCR and other in order to meet the needs of unaccompanied and separated children.

Non-discrimination (art. 2)

The principle of non-discrimination, in all its facets, applies in respect to all dealings with separated
and unaccompanied children. In particular, it prohibits any discrimination on the basis of the status
of a child as being unaccompanied or separated, or as being a refugee, asylum-seeker or migrant. This
principle, when properly understood, does not prevent, but may indeed call for, differentiation on the
basis of different protection needs such as those deriving from age and/or gender.

The right to life, survival and development

The obligation of the State party under article 6 includes protection from violence and exploitation,
to the maximum extent possible, which would jeopardize a child’s right to life, survival and
development. Separated and unaccompanied children are vulnerable to various risks that affect their
life, survival and development such as trafficking for purposes of sexual or other exploitation or
involvement in criminal activities which could result in harm to the child, or in extreme cases, in death.

RESPONSE TO GENERAL AND SPECIFIC PROTECTION NEEDS

Initial assessment and measures

a. Prioritized identification of a child as separated or unaccompanied immediately upon arrival

at ports of entry or as soon as their presence in the country becomes known to the authorities.
Such identification measures include age assessment and should not only take into account
the physical appearance of the individual, but also his or her psychological maturity.
b. Prompt registration by means of an initial interview conducted in an age-appropriate and
gender sensitive manner, in a language the child understands, by professionally qualified
persons to collect biodata and social history to ascertain the identity of the child.
c. All available information to determine the potential existence of international protection
needs, including those: due to a “well-founded fear of being persecuted for reasons of race,
 religion, nationality, membership of a particular social group or political opinion” in the child’s
country of origin.
d. Unaccompanied and separated children should be provided with their own personal identity
documentation as soon as possible.
e. Tracing of family members to be commenced as early as possible.

Full access to education

States should ensure that access to education is maintained during all phases of the displacement
cycle. Such access should be granted without discrimination and in particular, separated and
unaccompanied girls shall have equal access to formal and informal education, including vocational
training at all levels.

States shall, in particular where government capacity is limited, accept and facilitate the assistance
offered by UNICEF, UNESCO, UNHCR and other UN agencies.

Right to an adequate standard of living

States should ensure that separated and unaccompanied children have a standard of living
adequate for their physical, mental, spiritual and moral development.

Right to enjoy the highest attainable standard of health and facilities for the treatment of illness and
rehabilitation of health

States must assess and address the particular plight and vulnerabilities of such children. They should, in
particular, take into account the fact that unaccompanied children have undergone separation from
family members and have also, to varying degrees, experienced loss, trauma, disruption and violence.

Prevention of trafficking and of sexual and other forms of exploitation, abuse and violence

Prevention of military recruitment and protection against effects of war

Child-sensitive assessment of protection needs, taking into account persecution of a child-specific

nature.

1951 Refugee Convention must be interpreted in an age and gender-sensitive manner, taking into account
the particular motives for, and forms and manifestations of, persecution experienced by children.
Persecution of the kin; under-age recruitment; trafficking of children for prostitution; and sexual
exploitation or subjection to female genital mutilation, are some of the child-specific forms and
manifestations of persecution which may justify the granting of refugee status.

FAMILY REUNIFICATION, RETURN AND OTHER FORMS OF DURABLE SOLUTIONS

The ultimate aim in addressing the fate of unaccompanied or separated children is to identify a
durable solution that addresses all their protection needs, takes into account the child’s view and,
wherever possible, leads to overcoming the situation of a child being unaccompanied or separated.

Tracing is an essential component of any search for a durable solution and should be prioritized except
where the act of tracing, or the way in which tracing is conducted, would be contrary to the best interests
of the child or jeopardize fundamental rights of those being traced. In any case, in conducting tracing
activities, no reference should be made to the status of the child as an asylum-seeker or refugee.
Family reunification in the country of origin is not in the best interests of the child and should therefore
not be pursued where there is a “reasonable risk” that such a return would lead to the violation of
fundamental human rights of the child. Accordingly, the granting of refugee status constitutes a legally
binding obstacle to return to the country of origin and, consequently, to family reunification therein.

Return to the country of origin is not an option if it would lead to a “reasonable risk” that such return
would result in the violation of fundamental human rights of the child, and in particular, if the principle of
non-refoulement applies. Return to the country of origin shall in principle only be arranged if such return
is in the best interests of the child. Such a determination shall inter alia take into account the:

Safety, security and conditions, including socio-economic conditions awaiting the child upon
return including through home study, where appropriate, conducted by social network organizations. ƒ
Availability of care arrangements for that particular child.

Views of the child expressed in exercise of his or her right to do so under article 12 and those of the
caretakers.

The child’s level of integration in the host country and the duration of absence from the home country.

The child’s right “to preserve his or her identity, including nationality, name and family relations”.

The “desirability of continuity in a child’s upbringing and to the child’s ethnic, religious, cultural and
linguistic background”
General comment No. 35

Article 9 (Liberty and security of person)

Liberty of person concerns freedom from confinement of the body, not a general freedom of action.1
Security of person concerns freedom from injury to the body and the mind, or bodily and mental integrity
“Everyone” includes, among others, girls and boys, soldiers, persons with disabilities, lesbian, gay, bisexual
and transgender persons, aliens, refugees and asylum seekers, stateless persons, migrant workers,
persons convicted of crime, and persons who have engaged in terrorist activity.

Deprivation of personal liberty is without free consent. Individuals who go voluntarily to a police station
to participate in an investigation, and who know that they are free to leave at any time, are not being
deprived of their liberty.

States parties have the duty to take appropriate measures to protect the right to liberty of person against
deprivation by third parties. States parties must protect individuals against abduction or detention by
individual criminals or irregular groups, including armed or terrorist groups, operating within their
territory. They must also protect individuals against wrongful deprivation of liberty by lawful
organizations, such as employers, schools and hospitals. States parties should do their utmost to take
appropriate measures to protect individuals against deprivation of liberty by the action of other States
within their territory.

Arbitrary detention and unlawful detention

An arrest or detention may be authorized by domestic law and nonetheless be arbitrary. The
notion of “arbitrariness” is not to be equated with “against the law”, but must be interpreted more
broadly to include elements of inappropriateness, injustice, lack of predictability and due process of law,
as well as elements of reasonableness, necessity and proportionality.