Appendix — In Re Stanford

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In the Supreme Court of the oni RIGINAL

States

OCTOBER TERM, 2001

od Kevin Nigel Stanford

Petitioner.

Vv.

Phil Parker, Warden,

Kentucky State Penitentiary,

Respondent.

: APPENDIX IN SUPPORT OF

' ORIGINAL PETITION FOR

. WRIT OF HABEAS CORPUS

GAIL ROBINSON

Department of Public Advocacy

100 Fair Oaks Lane, Ste. 302

Frankfort KY 40601

(502) 564-8006

MARGARET O’DONNELL*

McNally and O’ Donnell

513 Capital Avenue

Frankfort KY 40601

(502) 227-2142

* Counsel of Record

Index to Append:

In Suppor oc! Original

Petition for Wrie of Habeas Corpus fi lOtficelotmtnetign

_ ? t ) ee Commissione @iodhumarninights

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International Covenant on Civil and Politica! Rights ...............0...... -iaiapiiaceiuciiaie stn OA International Covenant on Civil and Political Rights

SE at Ge ne OG ane Ce ieiieccsi ca pectinases anti tigh ene aiapage Adopted and opened for signature, ratification and accession by

General Assembly resolution 2200A (XXI) of 16 December 1966

American Convention on Human Rights .................... enidtamesets saeticanianaiepettn senonitel cece SDHO8

entry into force 23 March 1976, in accordance with Article 49

American University- Washington

College of Law Website............ ATE ON Me Pet Os ek Pe Le Ae al 69-76 status of ratifications

deciarations and reservations

Stanford v. Commonwealth. 734 S.W.2d 781 (Ky. 1987) .000000..... aunsbshithiaciacitiiadcidasidlaenbdatingin 77-89

Preamble

Siantord v. Commonwealth. 854 §.W.2d 747 (Ky. 1993)

The States Parties to the present Covenant,

Jusenile Transfer Order entered _

TRS EI LOE ae SEI 97-100 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,

Recognizing that, in accordance with the Universal Declaration of Human

Rights, the ideal of free human beings enjoying civil and political freedom and

freedom from fear and want can only be achieved if conditions are created

whereby everyone may enjoy his civil and political rights, as well as his

economic, social and cultural rights,

Considering the obligation of States under the Charter of the United Nations

to promote universal respect for, and observance of, human rights and

freedoms,

Realizing that the individual, having duties to other individuals and to the

community to which he belongs, is under a responsibility to strive for the

promotion and observance of the rights recognized in the present Covenant,

Agree upon the following articles:

PART I

Article 1 >» General comment on its implementation

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1. All peoples have the right of self-determination. By virtue of tnat right they

freely determine their political status and freely pursue their economic, socia!

and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth

and resources without prejudice to any obligations arising out of international

economic co-operation, based upon the principle of mutual benefit, and

international law. In no case may a people be deprived of its own means of

subsistence.

3. The States Parties to the present Covenant, including those having

responsibility for the administration of Non-Self-Governing and Trust

Territories, shall promote the realization of the right of self-determination,

and shall respect that right, in conformity with the provisions of the Charter of

the United Nations.

PART II

Article 2 >» General comment on its implementation

1. 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, colour, sex, language, religion, political or other opinion,

national or social origin, property, birth or other status.

2. Where not already provided for by existing legislative or other measures,

each State Party to the present Covenant undertakes to take the necessary

steps, in accordance with its constitutional processes and with the provisions

of the present Covenant, to adopt such laws or other measures as may be

necessary to give effect to the rights recognized in the present Covenant.

3. 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,

notwithstanding that the violation has been committed by persons

acting in an official capacity;

(b) To ensure that any person claiming such a remedy shall have

his right thereto determined by competent judicia!, administrative

or legisiative authorities, or by any other competent authority

provided for by the legal system of the State, and to develop the

possibilities of judicial remedy;

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remedies when granted.

Article 3 >» General comment on its implementation

The States Parties to the present Covenant undertake to ensure the equa!

right of men and women to the enjoyment of all civil and political rights set

forth in the present Covenant. >» Generai comment on its

implementation

Article 4 >» General comment on its implementation

1 . In time of public emergency which threatens the life of the nation and the

existence of which is officially proclaimed, the States Parties to the present

Covenant may take measures derogating from their obligations under the

present Covenant to the extent strictly required by the exigencies of the

situation, provided that such measures are not inconsistent with their other

obligations under international law and do not involve discrimination solely on

the ground of race, colour, sex, language, religion or social origin.

2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15,16 and 18

may be made under this provision.

3. Any State Party to the present Covenant availing itself of the right of

derogation shali 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. A further communication shall be made, through the

same intermediary, on the date on which it terminates such derogation.

>» General comment on its implementation

Article 5

1. 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 herein

or at their limitation to a greater extent than is provided for in the present

Covenant.

2. There shall be no restriction upon or derogation from any of the

fundamental human rights recognized or existing in any State Party to the

present Covenant pursuant to law, conventions, regulations or custom on the

pretext that the present Covenant does not recognize such rights or that it

recognizes them to a lesser extent.

Article 6 * General comment on its implementation

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1. 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.

2. 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 judgement rendered by a competent court.

3. When deprivation of life constitutes the crime of genocide, it is understood

that nothing in this article shall authorize any State Party to the present

Covenant to derogate in any way from any obligation assumed under the

provisions of the Convention on the Prevention and Punishment of the Crime

of Genocide.

4. Anyone sentenced to death shal! have the right to seek pardon or

commutation of the sentence. Amnesty, pardon or commutation of the

sentence of death may be granted in all cases.

5. Sentence of death shall not be imposed for crimes committed by persons

below eighteen years of age and shal! not be carried out on pregnant women.

6. Nothing in this article shall be invoked to delay or to prevent the abolition

of capital punishment by any State Party to the present Covenant.

Article 7 >» General comment on its implementation

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

treatment or punishment. In particular, no one shall be subjected without his

free consent to medical or scientific experimentation.

Article 8

1. No one shall be held in slavery; slavery and the slave-trade in all! their

forms shall be prohibited. »

2. No one shall be held in servitude.

(a) No one shall be required to perform forced or compulsory

labour;

(b) Paragraph 3 (a) shall not be held to preclude, in countries

imprisonment with

where i hard labour may be imposed as a

punishment for a crime, the performance of hard labour in

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ee of a sentence to such punishment by a competent

court;

(i) Any work or service, not referred to in

subparagraph (b), normally required of a person who

7 —— —— in consequence of a lawful order of

, Or Of & person during conditional relea

such detention; we

(ii) Any service of a military character and, in

countries where conscientious objection is i

recognized,

any national service required by law of conscientious

objectors;

(iii) Any service exacted in cases of e

mergency or

Calamity threatening the life or well-being of the

community;

(iv) Any work or service which forms f normal

Civil obligations. sri

Article 9 * General comment on its implementation

.. Everyone has the right to liberty and securi person

ty of . No

= pe bat eames a 6 arrest or detention. No one shall seamed ~ Ay

x on rounds and i

aa <o 9 in accordance with such procedure as are

2. Anyone who is arrested shall be informed, at the time of arrest, of the

reasons for his arrest and

him. shall be promptly informed of any charges against

4. Anyone who is deprived of his liberty by arrest or detention

shall

entitled to take proceedings before a court, in order that court may decide

EE te

5. Anyone who has been the victim of uniawful arrest or detention shali have

an enforceable right to compensation.

Article id >» General comment on its implementation

1. All persons deprived of their liberty shall be treated with humanity and with

respect for the inherent dignity of the human person.

(a) Accused persons shall, save in exceptional circumstances, be

segregated from convicted persons and shall be subject to

separate treatment appropriate to their status as unconvicted

persons;

(b) Accused juvenile persons shall be separated from adults and

brought as speedily as possible for adjudication. 3. The

penitentiary system shall comprise treatment of prisoners the

essential aim of which shall be their reformation and social

rehabilitation. Juvenile offenders shall be segregated from adults

and be accorded treatment appropriate to their age and legal

status.

Article 11

No one shall be imprisoned merely on the ground of inability to fulfil a

contractual obligation.

Article 12 General comment on its implementation

1. Everyone lawfully within the territory of a State shall, within that territory,

have the right to liberty of movement and freedom to choose his residence.

2. Everyone shall be free to leave any country, including his own.

3. The above-mentioned rights shal! not be subject to any restrictions except

those which are provided by law, are necessary to protect national security,

public order (ordre public), public health or morals or the rights and freedoms

of others, and are consistent with the other rights recognized in the present

Covenant.

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

Article 13

An alien lawfully in the territory of a State Party tc the present Covenant may

be expelled therefrom only in pursuance of a deci. on reached in accordance

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See E—————————&xLEL_— i é

with law and shall, except where compelling reasons of national! security

otherwise require, be allowed to submit the reasons against his expulsion and

to have his case reviewed by, and be represented for the purpose before, the

competent authority or a person or persons especially designated by the

competent authority.

Article 14 ** General comment on its implementation

1. All persons shall be equa! 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 shail be entitled to a fair and public

hearing by a competent, independent and impartial tribunal established by

law. The press and the public may be excluded from ali or part of a trial for

reasons of morals, public order (ordre public) or national security in a

democratic society, or when the interest of the private lives of the parties so

requires, or to the extent strictly necessary in the opinion of the court in

specia! circumstances where publicity would prejudice the interests of justice;

but any judgement rendered in a criminal case or in a suit at law shall be

made public except where the interest of juvenile persons otherwise requires

or the proceedings concern matrimonial disputes or the guardianship of

children.

2. Everyone charged with a criminal offence Shali have the right to be

presumed innocent until proved guilty according to law.

3. In the determination of any criminal charge against him, everyone shall be

entitled to the following minimum guarantees, in full equality:

(a) To be informed promptly and in detail in a language which he

understands of the nature and cause of the charge against him;

(b) To have adequate time and facilities for the preparation of his

defence and to communicate with counsel of his own choosing;

(d) To be tried in his presence, and to defend himself in person or

through legal assistance of his own choosing; to be informed, if

he does not have legal assistance, of this right; and to have lega!

assistance assigned to him, in any case where the interests of

justice so require, and without payment by him in any such case if

he does not have sufficient means to pay for it;

(e) To examine, or have examined, the witnesses against him and

to obtain the attendance and examination of witnesses on his

behalf under the same conditions as witnesses against him;

(f) To have the free assistance of an interpreter if he cannot

understand or speak the language used in court;

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(g) Not to be compelied to testify against himself or to confess

guilt.

4. In the case of juvenile persons, the procedure shall be such as will take

account of their age and the desirability of promoting their rehabilitation.

5. Everyone convicted of a crime shall have the right to his conviction and

sentence being reviewed by a higher tribunal according to law.

6. When a person has by a final decision been convicted of a criminal offence

and when subsequently his conviction has been reversed or he has been

pardoned on the ground that a new or newly discovered fact shows

conclusively that there has been a miscarriage of justice, the person who has

suffered punishment as a result of such conviction shall be compensated

according to law, unless it is proved that the non-disclosure of the unknown

fact in time is wholly or partly attributable to him.

7. No one shall be liable to be tried or punished again for an offence for which

he has already been finally convicted or acquitted in accordance with the law

and penal procedure of each country.

Article 15

1 . No one shal! be held guility of any criminal offence om account of any act or

omission which did not constitute a criminal offence, under national or

international law, at the time when it was committed. Nor shall a heavier

penalty be imposed than tihe one that was applicable at the time when the

criminal offence was commnitted. If, subsequent to the commission of the

offence, provision is made by law for the imposition of the lighter penalty, the

offender shall benefit thereby.

2. Nothing in this article shall prejudice the trial and punishment of any

person for any act or omission which, at the time when it was committed, was

criminal according to the general principles of law recognized by the

community of nations.

Article 16

Everyone shali have the right to recognition everywhere as a person before

the law.

Articie 17 General comment on its implementation

1. No one shall be subjected to arbitrary or unlawful interference with his

privacy, family, home or correspondence, nor to unlawful attacks on his

honour and reputation.

2. Everyone has the right to the protection of the law against such

interference or attacks.

Article 18 »» General comment on its implementation

1. Everyone shall have the right to freedom of thought, conscience and

religion. This right shall include freedom to have or to adopt a religion or

belief of his choice, and freedom, either individually or in community with

others and in public or private, to manifest his religion or belief in worship,

observance, practice and teaching.

2. No one shall be subject to coercion which would impair his freedom to have

or to adopt a religion or belief of his choice.

3. Freedom to manifest one's religion or beliefs may be subject only to such

limitations as are prescribed by law and are necessary to protect public

safety, order, health, or morals or the fundamental rights and freedoms of

others. 4. The States Parties to the present Covenant undertake to have

respect for the liberty of parents and, when applicable, legal guardians to

ensure the religious and moral education of their children in conformity with

their own convictions.

Article 19 * General comment on its implementation

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall

include freedom to seek, receive and impart information and ideas of all

kinds, regardiess of frontiers, either orally, in writing or in print, in the form

of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries

with it special duties and responsibilities. It may therefore be subject to

certain restrictions, but these shail only be such as are provided by law and

are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre

public), or of public health or morals.

Article 20 “General comment on its implementation

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.

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Article 21

The right of peaceful assembly shail be recognized. No restrictions may be

placed on the exercise of this right other than those imposed in conformity

with the law and which are necessary in a democratic society in the interests

of national security or public safety, public order (ordre public), the protection

of public health or morals or the protection of the rights and freedoms of

others.

Article 22

1. 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.

2. No restrictions may be placed on the exercise of this right other than those

which are prescribed by law and which are necessary in a democratic society

in the interests of national security or public safety, public order (ordre

puDlic), the protection of public health or morals or the protection of the

rights and freedoms of others. This article shall not prevent the imposition of

lawful restrictions on members of the armed forces and of the police in their

exercise of this right.

3. Nothing in this article shall authorize States Parties to the International

Labour Organisation Convention of 1948 concerning Freedom of Association

and Protection of the Right to Organize to take legislative measures which

would prejudice, or to apply the law in such a manner as to prejudice, the

guarantees provided for in that Convention.

Article 23 >» General comment on its implementation

1. The family is the natural and fundamental group unit of society and is

entitled to protection by society and the State.

2. The right of men and women of marriageable age to marry and to found a

family shall be recognized.

3. No marriage shall be entered into without the free and full consent of the

intending spouses.

4. States Parties to the presenc Covenant shall take appropriate steps to

ensure equality of rights and responsibilities of spouses as to marriage, during

marriage and at its dissolution. In the case of dissolution, provision shall be

made for the necessary protection of any children.

Article 24 »»> General comment on its implementation

1. Every child shall have, without any discrimination as to race, colour, sex,

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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 tye right to acquire a nationality.

Article 25 * General comment on its implementation

Every citizen shall have the right arid the opportunity, without any of the

distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or

through freely chosen representatives;

(b) To vote and to be elected at genuine periodic elections which

shall be by universal and equal suffrage and shall be held by

secret ballot, guaranteeing the free expression of the will of tire

electors;

in his country.

Article 26

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 27 >» General comment on its implementation

In those States in which ethnic, religious or linguistic minorities exist, persons

belonging to such minorities shall not be denied the right, in community with

the other members of their group, to enjoy their own culture, to profess and

practise their own religion, or to use their own language.

PART IV

Article 28

1. There shall be established a Human Rights Committee (hereafter referred

to in the present Covenant as the Committee). It shall consist of eighteen

members and shall carry out the functions hereinafter provided.

A-il

2. 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. en

3. The members of the Committee shal! be elected and shal! serve in their

personal capacity.

Article 29

1 . The members of the Committee shall be elected by secret ballot from a list

of persons possessing the qualifications prescribed in article 28 and

nominated for the purpose by the States Parties to the present Covenant.

2. Each State Party to the present Covenant may nominate not more than

two persons. These persons shall be nationals of the nominating State.

3. A person shall be eligible for renomination.

Article 30

1-The initial election shall be held no later than six months after the date of

the entry into force of the present Covenant.

2. At least four months before the date of each election to the Committee,

other than an election to fill a vacar.cy declared in accordance with article 34,

the Secretary-General of the United Nations shall address a written invitation

to the States Parties to the present Covenant to submit their nominations for

membership of the Committee within three months.

3. The Secretary-General of the United Nations shall prepare a list in

alphabetical order of all the persons thus nominated, with an indication of the

States Parties which have nominated them, and shall submit it to the States

Parties to the present Covenant no later than one month before the date of

each election.

4. Elections of the members of the Committee shall be held at a meeting of

the States Parties to the present Covenant convened by the Secretary

General of the United Nations at the Headquarters of the United Nations. At

that meeting, for which two thirds of the States Parties to the present

Covenant shall constitute a quorum, the persons elected to the Committee

shall be those nominees who obtain the largest number of votes and an

absolute majority of the votes of the representatives of States Parties present

and voting.

Article 31

1. The Committee may not include more than one national of the same State.

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2. In the election of the Committee, consideration shall be given to equitable

geographical distribution of membership and to the representation of the

different forms of civilization and of the principal lega! systems.

Article 32

1. The members of the Committee shall be elected for a term of four years

They shall be eligible for re-election if renominated. However, the terms of

nine of the members elected at the first election shall expire at the end of two

years; immediately after the first election, the names of these nine members

shall be chosen by lot by the Chairman of the meeting referred to in article

30, paragraph 4.

2. Elections at the expiry of office shall be held in accordance with the

preceding articles of this part of the present Covenant.

Article 33

1. If, in the unanimous opinion of the other members, a member of the

Committee has ceased to carry out his functions for any cause other than

absence of a temporary character, the Chairman of the Committee shall notify

the Secretary-General of the United Nations, who shall then declare the seat

of that member to be vacant.

Z. In the event of the death or the resignation of a member of the

Committee, the Chairman shall immediately notify the Secretary-General of

the United Nations, who shall declare the seat vacant from the date of death

or the date on which the resignation takes effect.

Article 34

1. When a vacancy is declared in accordance with article 33 and if the term of

office of the member to be replaced does not expire within six months of the

declaration of the vacancy, the Secretary-General of the United Nations shall

notify each of the States Parties to the present Covenant, which may within

two months submit nominations in accordance with article 29 for the purpose

of filling the vacancy.

2. The Secretary-General of the United Nations shall prepare a list in

alphabetical order of the persons thus nominated and shall submit it to the

States Parties to the present Covenant. The election to fill the vacancy shall

then take place in accordance with the relevant provisions of this part of the

present Covenant.

3. A member of the Comrnittee elected to fill a vacancy declared in

accordance with article 33 shall hold office for the remainder of the term of

the member who vacated the seat on the Committee under the provisions of

orice. oe

Article 35

The members of the Commiitee shall, with the approval of the Genera!

Assembly of the United Nations, receive emoluments from United Nations |

resources on such terms and conditions es the General Assembly may decide,

having regara to the importance of the Committee's responsibilities.

Article 36

The Secretary-General of the United Nations shall provide the necessary staff

and facilities for the effective performance of the functions of the Committee

under the present Covenant.

Article 37

1. The Secretary-Genera! of the United Nations shall convene the initial

meeting of the Committee at the Headquarters of the United Nations.

2. After its initial meeting, the Committee shall meet at such times as shall be

provided in its rules of procedure.

3. The Committee shall normally meet at the Headquarters of the United

Nations or at the United Nations Office at Geneva.

Article 38

Every member of the Committee shall, before taking up his duties, make a

solemn declaration in open committee that he will perform his functions

impartially and conscientiously.

Article 39

1. The Committee shall elect its officers for a term of two years. They may be

re-elected. 7

2. The Committee shall establish its own rules of procedure, but these rules

shall provide, inter alia, that:

(a) Twelve members shali constitute a quorum;

(b) Decisions of the Committee shall be made by a majority vote

of the members present.

Article 40

1. 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:

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(a) Within one year of the entry into force of the present

Covenant for the States Parties concerned;

(b) Thereafter whenever the Committee so requests.

2. All reports shail be submitted to the Secretary-General of the United

Nations, who shall transmit tivem to the Committee for consideration. Reports

shall indicate the factors and difticulties, if any, affecting the implementation

of the present Covenant.

3. The Secretary-Generai of the United Nations may, after consultation with

the Committee, transmit to the specialized agencies concerned copies of such

parts of the reports as may fall within their field of competence.

4. The Committee shall study the reports submitted by the States Parties to

the present Covenant. It shall transmit its reports, and such general

comments as it may consider appropriate, to the States Parties. The

Committee may also transmit to the Economic and Social Council these

comments along with the copies of the reports it has received from States

Parties to the present Covenant.

5. The States Parties to the present Covenant may submit to the Committee

observations on any comments that may be made in accordance with

paragraph 4 of this article.

Article 41 >» General comment on its implementation

1. A State Party to the present Covenant may at any time declare under this

article that it recognizes the competence of the Committee to receive and

consider communications to the effect that a State Party claims that another

State Party is not fulfilling its obligations under the present Covenant. _

Communications under this article may be received and considered only if

submitted by a State Party which has made a declaration recognizing in

regard to itself the competence of the Committee. No communication shall be

received by the Committee if it concerns a State Party which has not made

such a declaration. Communications received under this article shall be dealt

with in accordance with the following procedure:

(a) 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

| AIS

(b) If the matter is not adjusted to the satisfaction of both States

Parties concerned within six months after the receipt by the

receivina State of the initial communication, either State shal!

have the right to refer the matier to the Committee, by notice

given to the Committee and to the other State;

after it has ascertained that all available domestic remedies have

been invoked an? exhatsted in the matter, in conformity with the

generally recognized principles of international law. This shall not

be the rule where the application of the remedies is unreasonably

prolonged;

(d) The Committee shall hold closed meetings when examining

communications under this article;

(e) Subject to the provisions of subparagraph (c), the Committee

shall make available its good offices to the States Parties

concerned with a view to a friendly solution of the matter on the

basis of respect for human rights and fundamental freedoms as

recognized in the present Covenant;

(f) In any matter referred to it, the Committee may call upon the

States Parties concerned, referred to in subparagraph (b), to

supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b),

shall have the right to be represented when the matter is being

considered in the Committee and to make submissions orally

and/or in writing;

(h) The Committee shall, within twelve months after the date of

receipt of notice under subparagraph (b), submit a report:

(i) If a solution within the terms of subparagraph (e)

is reached, the Committee shall confine its report to a

brief statement of the facts and of the solution

reached;

(ii) If a solution_within the terms of subparagraph (e)

is not reached, the Committee shall confine its report

to a brief statement of the facts; the written

submissions and record of the oral submissions made

by the States Parties concerned shall be attached to

the report. In every matter, the report shall be

communicated to the States Parties concerned.

2. The provisions of this article shall come into force when ten

States Parties to the present Covenant have made declarations

Q -}

under paragraph I of this article. Such declarations shall be

deposited by tne States Parties with the Secretary-General of tne

United Nations, who shall transmit copies thereof to the other

States Parties. A declaration may be withdrawn at any time by

notification to the Secretary-General. Such a withdrawal shall not

prejudice the consideration of any matter which is the subject of a

communication already transmitted under this article; no further

communication by any State Party shall be received after the

notification of withdrawal of the declaration has been received by

the Secretary-Generai, unless the State Party concerned has

made a new declaration.

Article 42

(a) If a matter referred to the Committee in accordance with

article 41 is not resolved to the satisfaction of the States Parties

concerned, the Committee may, with the prior consent of the

States Parties concerned, appoint an ad hoc Conciliation

Commission (hereinafter referred to as the Commission). The

good offices of the Commission shall be ma:‘e available to the

States Parties concerned with a view to ai amicable solution of

the matter on the basis of respect for the present Covenant;

(b) The Commission shail consist of five persons acceptable to the

States Parties concerned. If the States Parties concerned fail to

reach agreement within three months on all or part of the

composition of the Commission, the members of the Commission

concerning whom no agreement has been reached shail be

elected by secret ballot by a two-thirds majority vote of the

Committee from among its members.

2. The members of the Commission shall serve in their personal capacity.

They shall not be nationals of the States Parties concerned, or of a State not

Party to the present Covenant, or of a State Party which has not made a

declaration under article 41.

3. The Commission shall elect its own Chairman and adopt its own rules of

procedure.

4. The meetings of the Commission shall normally be held at the

Headquarters of the United Nations or at the United Nations Office at Geneva.

However, they may be held at such other convenient places as the

Commission may determine in consultation with the Secretary-General of the

United Nations and the States Parties concerned.

5. The secretariat provided in accordance with article 36 shall also service the

commissions appointed u-der this article.

4-17

6. The information received and collated by the Committee shall be made

available to the Commission and the Commission may call upon the States

Parties concerned to supply any other relevant information. 7. When the

Commission has fully considereo the matter, but in any event not later than

twelve months after having been seized of the matter, it shall submit to the

Chairman of the Committee a report for communication to the States Parties

concerned:

(a) If the Commission is unable to complete its consideration of

the matter within twelve months, it shall confine its report to a

brief statement of the status of its consideration of the matter;

(b) If an amicable solution to the matter on tie basis of respect for

human rights as recognized in the present Covenant is reached,

the Commission shal! confine its report to a brief statement of the

facts and of the solution reached;

reached, the Commission's report shall embody its findings on all

questions of fact relevant to the issues between the States Parties

concerned, and its views on the possibilities of an amicable

solution of the matter. This report shall also contain the written

submissions and a record of the oral submissions made by the

States Parties concerned;

(d) If the Commission's report is submitted under subparagraph

(c), the States Parties concerned shall, within three months of the

receipt of the report, notify the Chairman of the Committee

whether or not they accept the contents of the report of the

Commission.

8. The provisions of this article are without prejudice to the responsibilities of

the Committee under article 41.

9. The States Parties concerned shall share equally all the expenses of the

members of the Commission in accordance with estimates to be provided by

the Secretary-General of the United Nations.

10. The Secretary-General of the United Nations shall be empowered to pay

the expenses of the members of the Commission, if necessary, before

reimbursement by the States Parties concerned, in accordance with

paragraph 9 of this article.

Article 43

The members of the Committee, and of the ad hoc conciliation commissions

which may be appointed under article 42, shali be entitied to the facilities,

privileges and immunities of experts on mission for the United Nations as laid

down in the relevant sections of the Convention on the Privileges and

Immunities of the United Nations.

“

3-18

Article 44

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.

Article 45

The Committee shall submit to the General Assembly of the United Nations,

through the Economic and Social Council, an annual report on its activities.

PART V

Article 46 .

Nothing in the present Covenant shall be interpreted as impairing the

provisions of the Charter of the United Nations and of the constitutions of the

specialized agencies which define the respective responsibilities of the various

organs of the United Nations and of the specialized agencies in regard to the

matters dealt with in the present Covenant.

Article 47

Nothing in the present Covenant shall be interpreted as impairing the inherent

right of all peoples to enjoy and utilize fully and freely their natural wealth

and resources.

PART VI

Article 48

1. 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.

2. The present Covenant is subject to ratification. Instruments of ratification

shall be deposited with the Secretary-General of the United Nations.

3. The present Covenant shall be open to accession by any State referred to

in paragraph 1 of this article.

4. Accession shall be effected by the deposit of an instrument of accession

with the Secretary-General of the United Nations.

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$$$ $ eee oo

ee ——————————————————————————

S. The Secretary-General of the United Nations shal! inform al! States which

have signed this Covenant or acceded to it of the deposit of each instrument

of ratification or accession.

Article 49

1. The present Covenant shall enter into force three months after the date of

the deposit with the Secretary-General of the United Nations of the thirty-fifth

instrument of ratification or instrument of accession.

2. For each State ratifying the present Covenant or acceding to it after the

deposit of the thirty-fifth instrument of ratification or instrument of accession,

the present Covenant shall enter into force three months after the date of the

deposit of its own instrument of ratification or instrument of accession.

Article 50

The provisions of the present Covenant shall extend to al! parts of federal

States without any limitations or exceptions.

Article 51

1. Any State Party to the present Covenant may propose an amendment and

file it with the Secretary-General of the United Nations. The Secretary-

General of the United Nations shal! thereupon communicate any proposed

amendments to the States Parties to the present Covenant with a request

that they notify him whether they favour a conference of States Parties for

the purpose of considering and voting upon the proposals. In the event that

at least one third of the States Parties favours such a conference, the

Secretary-General shall convene the conference under the auspices of the

United Nations. Any amendment adopted by a majority of the States Parties

present and voting at the conference shall be submitted to the General

Assembly of the United Nations for approval.

2. Amendments shall come into force when they have been approved by the

Genera! 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 shal! 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.

Article 52

Irrespective of the notifications made under article 48, paragraph 5, the

Secretary-General of the United Nations shall inform ali States referred to in

paragraph | of the same article of the following particulars:

(a) Signatures, ratifications and accessions under article 48;

4 -aVO

eae TEE

(b) The date of the entry into force of the present Covenant_under

article 49 and the date of the entry into force of any amendments

under article 51.

Article 53

1. The present Covenant, of which the Chinese, English, French, Russian and

Spanish texts are equally authentic, shall be deposited in the archives of the

United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies

of the present Covenant to all States referred to in article 48.

for Human Rights

Geneva, Switzeriand OHCHR-UNOG

8-14 Avenue de la Paix

1211 Geneva 10, Switzeriand

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i-2|

Convention on the Rights of the ( mid Page | of 20

Jrmes Nanons

Convention on the Rights of the Child

Adopted and opened for signature, ratification and accession by

Genera! Assembiy resolution 44/25

of 20 November 1989

entry into force 2 September 1990, in accordance with article 49

Status of ratifications monitoring body

Geciarations and reservations

Preamble

The States Parties to the present Convention,

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,

Bearing in mind that the peoples of the United Nations have, in the Charter,

reaffirmed their faith in fundamental human rights and in the dignity and worth of the

human person, and have determined to promote social progress and better standards

of life in larger freedom,

Recognizing that the United Nations has, in the Universal Declaration of Human

Rights and in the International Covenants on Human Rights, proclaimed and agreed

that everyone is entitled to all the rights and freedoms set forth therein, without

distinction of any kind, such as race, colour, sex, language, religion, political or other

opinion, national or social origin, property, birth or other status,

Recalling that, in the Universal Declaration of Human Rights, the United Nations has

prociaimed that childhood is entitled to special care and assistance,

Convinced that the family, as the fundamental group of society and the natural

environment for the growth and well-being of all its members and particularly children,

should be afforded the necessary protection and assistance so that it can fully

assume its responsibilities within the community,

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Convention on the Rights of the « nild Page 2 of 20

Recognizing that the child, for the full and harmonious development of his or her

personality, should grow up in a family environment. in an atmosphere of happiness

love and understanding

Considering that the child should be fully prepared to live an individual life in society

and brought up in the spirit of the ideals proclaimed in the Charter of the United

Nations, and in particular in the spirit of peace, dignity. tolerance. freedom. equality

and solidarity,

Bearing in mind that the need to extend particular care to the child has been stated in

the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of

the Rights of the Child adopted by the General Assembly on 20 November 1959 and

recognized in the Universal Deciaration of Human Rights, in the International

Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the

International Covenant on Economic, Social and Cultural Rights (in particular in article

10) and in the statutes and relevant instruments of specialized agencies and

international organizations concerned with the welfare of children. '

Bearing in mind that, as indicated in the Declaration of the Rights of the Child, “the

child, by reason of his physical and mental immaturity, needs special safeguards and

care, including appropriate legal protection, before as well as after birth",

Recalling the provisions of the Declaration on Social and Legal Principles relating to

the Protection and Welfare of Children, with Special Reference to Foster Placement

and Adoption Nationally and Internationally; the United Nations Standard Minimum

Rules for the Administration of Juvenile Justice (The Beijing Rules) ; and the

Declaration on the Protection of Women and Children in Emergency and Armed

Conflict,

Recognizing that, in all countries in the world, there are children living in exceptionally

difficult conditions, and that such children need special consideration,

Taking due account of the importance of the traditions and cultural values of each

people for the protection and harmonious development of the child,

Recognizing the importance of international co-operation for improving the living

conditions of children in every country, in particular in the developing countries,

Have agreed as follows

PART |

Article 1

For the purposes of the present Convention, a child means every human being below

the age of eighteen years uniess under the law applicable to the child, majority ts

attained earlier.

7 y-23

Convention on the Rights of the « nild

Article 2

1. States Parties shall respect and ensure the rights set forth in the present

Convention to each child within their jurisdiction without discrimination of any kind

irrespective of the child's or his or her parent's or legal guardian's race. colour. sex.

language. religion, political or other opinion national. ethnic or socia! origin. property

disability, birth or other status

2. States Parties shall take all appropriate measures to ensure that the child is

protected against all forms of discrimination or punishment on the basis of the status.

activities, expressed opinions, or beliefs of the child's parents. legal guardians. or

family members

Article 3

1. In all actions concerning children, whether undertaken by public or private social!

welfare institutions, courts of law, administrative authorities or legislative bodies. the

best interests of the child shall be a primary consideration.

2. States Parties undertake to ensure the child such protection and care as is

necessary for his or her well-being, taking into account the rights and duties of his or

her parents, legal guardians, or other individuals legally responsible for him or her.

and, to this end, shall take all appropriate legislative and administrative measures.

3. States Parties shall ensure that the institutions, services and facilities responsible

for the care or protection of children shali conform with the standards established by

competent authorities, particularly in the areas of safety, health, in the number and

Suitability of their staff, as well as competent supervision.

Article 4

States Parties shali undertake all appropriate legislative, administrative, and other

measures for the implementation of the rights recognized in the present Convention.

With regard to economic, social and cultural rights, States Parties shall undertake

such measures to the maximum extent of their available resources and. where

needed, within the framework of international co-operation.

Article 5

States Parties shall respect the responsibilities, rights and duties of parents or, where

applicable, the members of the extended family or community as provided for by local

custom, legal guardians or other persons legally responsible for the child, to provide.

in a manner consistent with the evolving capacities of the child, appropriate direction

and guidance in the exercise by the child of the rights recognized in the present

Convention.

Article 6 ‘4 - a Y

. » 2 -.

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Convention on the Rights of the « mld Page + of 20

1. States Parties recognize that every child has the inherent right to life

2. States Parties shall ensure to the maximum extent possible the survival and

development of the child

Article 7

1. The child shall be registered immediately after birth and shall have the right from

birth to a name, the right to acquire a nationality and. as far as possible, the right to

know and be cared for by his or her parents.

2. States Parties shall ensure the implementation of these rights in accordance with

their national law and their obligations under the relevant international instruments in

this field, in particular where the child would otherwise be stateless.

Article 8

1. States Parties undertake to respect the right of the child to preserve his or her

identity, including nationality, name and family relations as recognized by law without

unlawful interference.

2. Where a child is illegally deprived of some or all of the elements of his or her

identity, States Parties shall provide appropriate assistance and protection, with a

view to re-establishing speedily his or her identity.

Article 9

1. States Parties shall ensure that a child shall not be separated from his or her

parents against their will, except when competent author'ties subject to judicial review

determine, in accordance with applicable law and procedures, that such separation is

necessary for the best interests of the child. Such determination may be necessary in

a particular case such as one involving abuse or neglect of the child by the parents, or

one where the parents are living separately and a decision must be made as to the

child's place of residence.

2. In any proceedings pursuant to paragraph 1 of the present article, all interested

parties shall be given an opportunity to participate in the proceedings and make their

views known.

3. States Parties shall respect the right of the child who is separated from one or both

parents to maintain personal relations and direct contact with both parents on a

regular basis, except if it is contrary to the child's best interests. 4. Where such

separation results from any action initiated by a State Party, such as the detention,

imprisonment, exile, deportation or death (including death arising from any cause

while the person is in the custody of the State) of one or both parents or of the child,

that State Party shall, upon request, provide the parents, the child or, if appropriate,

another member of the family with the essential information concerning the

whereabouts of the absent member(s) of the family unless the provision of the

information would be detrimental to the well-being of the child. States Parties shall

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Convention on the Rights of the € nild Pase S of 2

further ensure that the submission of such a request shall of itself entaii no adverse

— consequences for the person(s) concerned

Articie 10

1. In accordance with the obligation of States Parties under article 9. paragraph 1

applications by a child or his or her parents to enter or leave a State Party for the

purpose of family reunification shall be dealt with by States Parties in a positive

humane and expeditious manner States Parties shall further ensure that the

submission of such a request shall entail no adverse consequences for the applicants

and for the members of their family.

2. Achild whose parents reside in different States shali have the right to maintain on a

regular basis, save in exceptional ¢ircumstances personal relations and direct

contacts with both parents. Towards that end and in accordance with the obligation of

States Parties under article 9, paragraph 1, States Parties shall respect the right of

the child and his or her parents to leave any country, including their own, and to enter

their own country. The right to leave any country shall be subject only to such

restrictions as are prescribed by law and which are necessary to protect the national

security, public order (ordre public), public health or morals or the rights and freedoms

of others and are consistent with the other rights recognized in the present

Convention.

Article 11

1. States Parties shall take measures to combat the illicit transfer and non-return of

children abroad.

2. To this end, States Parties shall promote the conclusion of bilateral or multilateral

agreements or accession to existing agreements.

Article 12

1. States Parties shall assure to the child who 's capable of forming his or her own

views the right to express those views freely in all matters affecting the child, the

views of the child being given due weight in accordance with the age and maturity of

the child.

2. For this purpose, the child shall in particular be provided the opportunity to be

heard in any judicial and administrative proceedings affecting the child, either directly.

or through a representative or an appropriate body, in a manner consistent with the

procedural rules of national law.

Article 13

1. The child shall have the right to freedom of expression. this right shall include

freedom to seek, receive and impart information and ideas of all kinds, regardless of

frontiers, either orally, in writing or in print, in the form of art, or through any other

media of the child's choice. '

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Convention on the Rights of the ( nild Page 6 of 20

2. The exercise of this right may be subject to certain restrictions, but these shall only

be such as are provided by law and are necessary

(a) For respect of the rights or reputations of others, or

(b) For the protection of national! security or of public order (ordre public). or of

public health or morals

Article 14

1. States Parties shall respect the right of the child to freedom of thought, conscience and

religion.

2. States Parties shall respect the rights and duties of the parents and, when applicable,

legal guardians, to provide direction to the child in the exercise of his or her right in a

manner consistent with the evolving capacities of the child.

3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as

are prescribed by law and are necessary to protect public safety, order, health or morals, or

the fundamental rights and freedoms of others.

Article 15

1. States Parties recognize the rights of the child to freedom of association and to freedom

of peaceful assembly.

2. No restrictions may be placed on the exercise of these rights other than those imposed in

conformity with the law and which are necessary in a democratic society in the interests of

national security or public safety, public order (ordre public), the protection of public health

or morals or the protection of the rights and freedoms of others.

Article 16

1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy,

family, home or correspondence, nor to unlawful attacks on his or her honour and

reputation.

2. The child has the right to the protection of the law against such interference or attacks.

Article 17

States Parties recognize the important function performed by the mass media and shall

ensure that the child has access to information and material from a diversity of national and

international sources, especially those aimed at the promotion of his or her social, spiritual

and moral well-being and physical and mental health. To this end, States Parties shall:

(a) Encourage the mass media to disseminate information and material of social and

cultural benefit to the child and in accordance with the spirit of article 29:

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Convention on the Rights of the C nild Page 7 of 20

(b) Encourage international co-operation in the production. exchange and dissemination of

such information and materia! from a diversity of cultural, national and international

sources.

(d) Encourage the mass media to have particular regard to the linguistic needs of the child

who belongs to a minority group or who Is indigenous:

(e) Encourage the development of appropriate guidelines for the protection of the child from

information and material injurious to his or her well-being, bearing in mind the provisions of

articles 13 and 18.

Article 18

1. States Parties shall use their best efforts to ensure recognition of the principle that both

parents have common responsibilities for the upbringing and development of the child.

Parents or, as the case may be, legal guardians, have the primary responsibility for the

upbringing and development of the child The best interests of the child will be their basic

concern.

2. For the purpose of guaranteeing and promoting the rights set forth in the present

Convention, States Parties shall render appropriate assistance to parents and legal

guardians in the performance of their child-rearing responsibilities and shall ensure the

development of institutions, facilities and services for the care of children.

3. States Parties shall take all appropriate measures to ensure that children of working

parents have the right to benefit from child-care services and facilities for which they are

eligible.

Article 19

1. States Parties shall take all appropriate legislative, administrative, social and educational

measures to protect the child from all forms of physical or mental violence, injury or abuse,

neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while

in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

2. Such protective measures should, as appropriate, include effective procedures for the

establishment of social programmes to provide necessary support for the child and for

those who have the care of the child, as well as for other forms of prevention and for

identification, reporting, referral, investigation, treatment and follow-up of instances of child

maltreatment described heretofore, and, as appropriate, for judicial involvement.

Article 20

1. Achild temporarily or permanently deprived of his or her family environment, or in whose

own best interests cannot be allowed to remain in that environment. shall be entitled to

special protection and assistance provided by the State.

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SAF OCE WE ey. -

S Sand

Convention on the Rights of the Child

2. States Parties shall in accordance with their national! laws ensure alternative care for

such a child

3. Such care could include, inter alia, foster placement. kafalah of Islamic law, adoption or if

necessary placement in suitable institutions for the care of children. When considering

solutions, due regard shall be paid to the desirability of continuity in a child's upbringing and

to the child's ethnic, religious, cultural and linguistic background.

Article 21

States Parties that recognize and/or permit the system of adoption shall ensure that the

best interests of the child shall be the paramount consideration and they shall:

(a) Ensure that the adoption of a child is authorized only by competent authorities who

determine, in accordance with applicable law and procedures and on the basis of all

pertinent and retiable information, that the adoption is permissible in view of the child's

status concerning parents, relatives and legal guardians and that, if required, the persons

concerned have given their informed consent to the adoption on the basis of such

counselling as may be necessary;

(b) Recognize that inter-country adoption may be considered as an alternative means of

child's care, if the child cannot be placed in a foster or an adoptive family or cannot in any

suitable manner be cared for in the child's country of origin; (c) Ensure that the child

concerned by inter-country adoption enjoys safeguards and standards equivalent to those

existing in the case of national adoption;

(d) Take all appropriate measures to ensure that, in inter-country adoption, the placement

does not result in improper financial gain for those involved in it;

(e) Promote, where appropriate, the objectives of the present article by concluding bilateral

or multilateral arrangements or agreements, and endeavour, within this framework, to

ensure that the placement of the child in another country is carried out by competent

authorities or organs.

Article 22

1. States Parties shall take appropriate measures to ensure that a child who is seeking

refugee status or who is considered a refugee in accordance with applicable international or

domestic law and procedures shall, whether unaccompanied or accompanied by his or her

parents or by any other person, receive appropriate protection and humanitarian assistance

in the enjoyment of applicable rights set forth in the present Convention and in other

international human rights or humanitarian instruments to which the said States are Parties.

2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation

in any efforts by the United Nations and other competent intergovernmental organizations

or non-governmental organizations co-operating with the United Nations to protect and

assist such a child and to trace the parents or other members of the family of any refugee

child in order to obtain information necessary for reunification with his or her family. In

cases where no parents or other members of the family can be found, the child shall be

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Page Sof 20)

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Convention on the Rights of the C mild Page 9 or 2 Convention on the Righis of the Child Page 10 of 20

accorded the same protection as any other child permanently or temporarily deprived of his

or her family environment for any reason _ as set forth in the present Convention -_ (d) To ensure appropriate pre-natal and post-natal health care for mothers

Article 23 | (e) To ensure that all segments of society, in particular parents and children, are informed.

. have access to education and are supported in the use of basic knowledge of child health

1 States Parties recognize that a mentally or physically disabled child should enjoy a full and nutrition, the advantages of breastfeeding. hygiene and environmental sanitation and

and decent life. in conditions which ensure dignity. promote self-reliance and facilitate the the prevention of accidents.

child's active participation in the community

(f) To develop preventive health care, guidance for parents and family planning education

2 States Parties recognize the right of the disabled child to special care and shall and services.

encourage and ensure the extension, subject to available resources, to the eligible child

and those responsible for his or her care, of assistance for which application is made and 3. States Parties shall take all effective and appropriate measures with a view to abolishing

which is appropriate to the child's condition and to the circumstances of the parents or traditional practices prejudicial to the health of children

others caring for the child 3. Recognizing the special needs of a disabled child. assistance

extended in accordance with paragraph 2 of the present article shail be provided free of , , , ,

charge, whenever possible, taking into account the financial resources of the parents or pr “ artes — to — a es

others caring for the child. and shall be designed to ensure that the disabled child as article. In this a “\— - rad nt shall be taken ot iea ~— + of devel ha

effective access to and receives education, training, health care services, rehabilitation countries om ng

services. preparation for employment and recreation opportunities in a manner conducive to ~ '

the child's achieving the fullest possible social integration and individual development, Article 25

including his or her cultural and spiritual development

4. States Parties shall promote. in the spirit of international cooperation, the exchange of — ae aeons or a child mente oot oY ~ ae moste

appropriate information in the field of preventive health care and of medical, psychological! health. to a vans ie of the rod am provided to the child and all oe ny -

and functional treatment of disabled children, including dissemination of and access to circumstances relevant to his or her placement

information concerning methods of rehabilitation, education and vocational services, with |

the aim of enabling States Parties to improve their capabilities and skills and to widen their Article 26

experience in these areas. In this regard, particular account shall be taken of the needs of

lopi ies.

developing countries 1s Parties shall —_ child the right to | fit from ‘al ity.

Article 24 including social insurance, and shall take the necessary measures to achieve the full

realization of this right in accordance with their national law.

1. States Parties recognize the right of the child to the enjoyment of the highest attainable

standard of health and to facilities for the treatment of illness and rehabilitation of health.

States Parties shall strive to ensure that no child is deprived of his or her right of access to

such health care services.

2. The benefits should, where appropriate, be granted, taking into account the resources

and the circumstances of the child and persons having responsibility for the maintenance of

the child, as well as any other consideration relevant to an application for benefits made by

or on behalf of the child.

2. States Parties shall pursue full implementation of this right and, in particular, shall take

appropriate measures. Articie 27

1. States Parties recognize the right of every child to a standard of living adequate for the

(a) To diminish infant and child mortality: hild's physical oat enhdinen) eneneé onal sat oneal ‘

(b) To ensure the provision of necessary medical assistance and health care to all children ~ ,; ; ; —

with emphasis on the development of primary health care: 2. The parent(s) or others responsible for the child have the primary responsibility to

| secure, within their abilities and financial capacities, the conditions of living necessary for

care, through, inter alia, the application of readily available technology and through the — ' , - es

provision of adequate nutritious foods and clean drinking-water, taking into consideration : 3. States Parties, in ~en with a conditions and eee otto ts shall take

the dangers and risks of environmental pollution; appropriate measures to sserst parents others responsible child to implement

; this right and shall in case of need provide material assistance and support programmes,

HSC Q.3!

Convention on the Rights of the C hild Page 11 0

particularly with regard to nutrition clothing and housing

4 States Parties shall take al! appropriate measures to secure the recovery of maintenance

for the child from the parents or other persons having financial responsibility for the child.

both within the State Party and from abroad In particular. where the person having financial!

responsibility for the child lives in a State different from that of the child. States Parties shall

promote the accession to international agreements or the conclusion of such agreements

as well as the making of other appropriate arrangements

Article 28

1. States Parties recognize the right of the child to education, and with a view to achieving

this right progressively and on the basis of equal opportunity. they shall. in particular

(a) Make primary education compulsory and available free to all.

(b) Encourage the development of different forms of secondary education, including general

and vocational education, make them available and accessible to every child, and take

appropriate messures such as the introduction of free education end offering Snencial

assistance in case of need.

means.

(d) Make educational and vocational information and guidance available and accessible to

all children,

(e) Take measures to encourage regular attendance at schools and the reduction of drop-

out rates.

2. States Parties shall take all appropriate measures to ensure that school discipline is

administered in a manner consistent with the child's human dignity and in conformity with

the present Convention.

3. States Parties shall promote and encourage international cooperation in matters relating

to education, in particular with a view to contributing to the elimination of ignorance and

iliteracy throughout the world and facilitating access to scientific and technical knowledge

and modern teaching methods. In this regard. particular account shall be taken of the

needs of developing countries.

Article 29

1. States Parties agree that the education of the child shall be directed to:

(a) The development of the child's personality, talents and mental and physical abilities to

their fullest potential.

(b) The development of respect for human rights and fundamental freedoms, and for the

principles enshrined in the Charter of the United Nations,

A-32

Convention on the Rights of the Child Page !2 of 20

language and values. for the national! values of the country in which the child is living. the

country from which he or she may originate, and for civilizations different from his or her

own,

(d) The preparation of the child for responsible life in a free society. in the spirit of

understanding, peace, tolerance. equality of sexes, and friendship among all peoples.

ethnic, national and religious groups and persons of indigenous origin:

(e) The development of respect for the natural environment

2. No part of the present article or article 28 shall be construed so as to interfere with the

liberty of individuals and bodies to establish and direct educational institutions, subject

always to the observance of the principle set forth in paragraph 1 of the present article and

to the requirements that the education given in such institutions shall conform to such

minimum standards as may be laid down by the State.

Article 30

In those States in which ethnic, religious or linguistic minorities or persons of indigenous

origin exist, a child belonging to such a minority or who is indigenous shall not be denied

the right, in community with other members of his or her group, to enjoy his or her own

culture, to profess and practise his or her own religion, or to use his or her own language.

Article 31

1. States Parties récognize the right of the child to rest and leisure, to engage in play and

recreational activities appropriate to the age of the child and to participate freely in cultural

life and the arts.

2. States Parties shall respect and promote the right of the child to participate fully in

cultural and artistic life and shall encourage the provision of appropriate and equal

opportunities for cultural, artistic, recreational and leisure activity

Article 32

1. States Parties recognize the right of the child to be protected from economic exploitation

and from performing any work that is likely to be hazardous or to interfere with the child's

education, or to be harmful to the child's health or physical. mental, spiritual. moral or social

development.

2. States Parties shall take legislative, administrative, social and educational measures to

ensure the implementation of the present article To this end, and having regard to the

relevant provisions of other international instruments, States Parties shall in particular: (a)

Provide for a minimum age or minimum ages for admission to employment,

(b) Provide for appropriate regulation of the hours and conditions of employment.

33%

Convention on the Rights of the Cnild Page 13 of 20

of the present article

Article 33

States Parties shal! take all appropriate measures. including legislative. administrative.

social and educational measures. to protect children from the illicit use of narcotic drugs

and psychotropic substances as defined in the relevant international treaties. and to

prevent the use of children in the illic production and trafficking of such substances

Article 34

States Parties undertake to protect the child from all forms of sexual exploitation and sexual

abuse For these purposes, States Parties shall in particular take all appropriate national.

bilateral and multilateral measures to prevent

(a) The inducement or coercion of a child to engage in any unlawful sexual activity:

(b) The exploitative use of children in prostitution or other unlawful sexual practices.

Article 35

States Parties shall take all appropriate national, bilateral and multilateral measures to

prevent the abduction of, the sale of or traffic in children for any purpose or in any form.

Article 36 -

States Parties shall protect the child against all other forms cf exploitation prejudicial to any

aspects of the child's welfare.

Article 37

States Parties shall ensure that:

(a) No child shall be subjected to torture or other cruel, innuman or degrading treatment or

punishment. Neither capital punishment nor life imprisonment without possibility of release

shall be imposed for offences committed by persons below eighteen years of age:

(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily The arrest,

detention or imprisonment of a child shall be in conformity with the law and shali be used

only as a measure of last resort and for the shortest appropriate period of time.

dignity of the human person, and in a manner which takes into account the needs of

persons of his or her age in particular, every child deprived of liberty shall be separated

from adults unless it is considered in the child's best interest not to do so and shall have the

al ~~ f

, J

Convention on the Rights of the C nild

Page 14 of 20

right to maintain contact with his or her family through correspondence and visits. save in

exceptional circumstances.

(d) Every child deprived of his or her liberty shall have the right to prompt access to legal

and other appropriate assistance, as well as the right to challenge the legality of the

deprivation of his or her liberty before a court or other competent. independent and

impartial authority, and to a prompt decision on any such action

Article 38

1. States Parties undertake to respect and to ensure respect for rules of international

humanitarian law applicable to them in armed conflicts which are relevant to the child.

2. Sistes Pasties chal take of tensihte easewes to ennwe tat pereens whe kan ast

attained the age of fifteen years do not take a direct part in hostilities.

3. States Parties shall refrain from recruiting any person who has not attained the age of

fifteen years into their armed forces. In recruiting among those persons who have attained

the age of fifteen years but who have not attained the age of eighteen years, States Parties

shall endeavour to give priority to those who are oldest.

4. \In accordance with their obligations under international humanitarian law to protect the

civilian population in armed conflicts, States Parties shall take all feasible measures to

ensure protection and care of children who are affected by an armed conflict.

Article 39

States Parties shall take all appropriate measures to promote physical and psychological

recovery and social reintegration of a child victim of: any form of neglect, exploitation, or

abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or

armed conflicts. Such recovery and rei ion shall take place in an environment which

fosters the health, self-respect and dignity of the child.

Article 40

1. States Parties recognize the right of every child alleged as, accused of, or recognized as

having infringed the penal law to be treated in a manner consistent with the promotion of

the child's sense of dignity and worth, which reinforces the child's respect for the human

rights and fundamental freedoms of others and which takes into account the child's age and

the desirability of promoting the child's reintegration and the child's assuming a constructive

role in society.

2. To this end, and having regard to the relevant provisions of international instruments,

States Parties shall, in particular, ensure that:

(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal

law by reason of acts or omissions that were not prohibited by national or international law

at the time they were committed, 0-35

Convention on the Rights of the Child Pave 15 of 20

(b) Every child alleged as or accused of having infringed the penal law has at least the

following guarantees

(i) To be presumed innocent until proven guilty according to law.

(ii) To be informed promptly and directly of the charges against him or her. and. i

appropriate, through his or her parents or legal guardians, and to have legal or other

appropriate assistance in the preparation and presentation of his or her defence

(iii) To have the matter determined without delay by a competent, independent and

impartial authority or judicial body in a fair hearing according to law, in the presence of legal

or other appropriate assistance and, unless it is considered not to be in the best interest of

the child, in particular, taking into account his or her age or situation, his or her parents or

legal guardians.

(iv) Not to be compelled to give testimony or to confess guilt, to examine or have examined

adverse witnesses and to obtain the participation and examination of witnesses on his or

her behalf under conditions of equality:

(v) If considered to have infringed the penal law, to have this decis'n and any measures

imposed in consequence thereof reviewed by a higher competent, independent and

impartial authority or judicial body according to law.

(vi) To have the free assistance of an interpreter if the child cannot understand or speak the

language used,

(vii) To have his or her privacy fully respected at ali stages of the proceedings. 3. States

Parties shall seek to promote the establishment of laws, procedures, authorities and

institutions specifically applicable to children alleged as, accused of, or recognized as

having infringed the penal law, and, in particular:

(a) The establishment of a minimum age below which children shall be presumed not to

have the capacity to infringe the penal law.

(b) Whenever appropriate and desirable, measures for dealing with such children without

resorting to judicial proceedings. providing that human rights and legal safeguards are fully

respected.

4 A variety of dispositions, such as care, guidance and supervision orders, counselling,

probation, foster care, education and vocational training programmes and other alternatives

to institutional care shall be available to ensure that children are dealt with in a manner

appropriate to their well-being and proportionate both to their circumstances and the

offence

Article 41

Nothing in the present Convention shall affect any provisions which are more conducive to

the realization of the rights of the child and which may be contained in:

i+-S&

Convention on the Rights of the Cnild Page lo ot 20

(a) The law of a State party. or

(b) International law in force for that State

PART Il

Article 42

States Parties undertake to make the principles and provisions of the Convention widely

known, by appropriate and active means, to adults and children alike.

Article 43

1. For the purpose of examining the progress made by States Parties in achieving the

realization of the obligations undertaken in the present Convention, there shall be

established a Committee on the Rights of the Child, which shall carry out the functions

hereinafter provided.

2. The Committee shall consist of ten experts of high moral standing and recognized

competence in the field covered by this Convention. The members of the Committee shall

be elected by States Parties from among their nationals and shall serve in their personal

consideration being given to equitable geographical distribution, as well as to the

capacity,

principal legal systems. (amendment)

3. The members of the Committee shall be elected by secret ballot from a list of persons

nominated by States Parties. Each State Party may nominate one person from among its

own nationals.

4. The initial election to the Committee shall be held no later than six months after the date

of the entry into force of the present Convention and thereafter every second year. At least

four months before the date of each election, the Secretary-General of the United Nations

shall address a letter to States Parties inviting them to submit their nominations within two

months. The Secretary-General shall subsequently prepare a list in alphabetical order of all

persons thus nominated, indicating States Parties which have nominated them, and shall

submit it to the States Parties to the present Convention.

5. The elections shall be held at meetings of States Parties convened by the Secretary-

General at United Nations Headquarters. At those meetings, for which two thirds of States

Parties shall constitute a quorum, the persons elected to the Committee shall be those who

obtain the largest number of votes and an absolute majority of the votes of the

representatives of States Parties present and voting.

6. The members of the Committee shall be elected for a term of four years. They shall be

eligible for re-election if renominated. The term of five of the members elected at the first

election shall expire at the end of two years; immediately after the first election, the names

of these five members shall be chosen by lot by the Chairman of the meeting.

7. If a member of the Committee dies or resigns or declares that for any other cause he or

-37

Convention on the Rights of the Child Page 17 of 20

she can no longer perform the duties of the Committee, the State Party which nominated

the member shall appoint another expert from among its nationals to serve for the

remainder of the term, subject to the approval of the Committee

8. The Committee shall establish its own rules of procedure

9 The Committee shall elect its officers for a period of two years

10. The meetings of the Committee shall normally be held at United Nations Headquarters

or at any other convenient place as determined by the Committee. The Committee shall

normally meet annually. The duration of the meetings of the Committee shall be

determined, and reviewed, if necessary, by a meeting of the States Parties to the presen!

Convention, subject to the approval of the General Assembly.

11. The Secretary-General of the United Nations shall provide the necessary staff and

facilities for the effective performance of the functions of the Committee under the present

Convention.

12. With the approval of thé General Assembly, the members of the Committee established

under the present Convention shall receive emoluments from United Nations resources on

such terms and conditions as the Assembly may decide.

Article 44

1. States Parties undertake to submit to the Committee, through the Secretary-General of

the United Nations, reports on the measures they have adopted which give effect to the

rights recognized herein and on the progress made on the enjoyment of those rights:

(a) Within two years of the entry into force of the Convention for the State Party concerned;

(b) Thereafter every five years.

2. Reports made under the present article shall indicate factors and difficulties, if any,

affecting the degree of fulfilment of the obligations under the present Convention. Reports

shall also contain sufficient information to provide the Committee with a comprehensive

understanding of the implementation of the Convention in the country concerned.

3. A State Party which has submitted a comprehensive initial report to the Committee need

not, in its subsequent reports submitted in accordance wiih paragraph 1 (b) of the present

article, repeat basic information previously provided.

4 The Committee may request from States Parties further information relevant to the

implementation of the Convention.

5. The Committee shall submit to the Gererai Assembly, through the Economic and Social

Council, every two years, reports on its activities.

6. States Parties shall make their reports widely available to the public in their own

countries. (> : x 4

Convention on the Rights of the Cnild Pave 18 of 20

Article 45

In order to foster the effective implementation of the Convention and to encourage

international co-operation in the field covered by the Convention

(a) The specialized agencies, the United Nations Children's Fund, and other United Nations

organs shall be entitled to be represented at the consideration of the implementation of

such provisions of the present Convention as fall within the scope of their mandate. The

Committee may invite the specialized agencies, the United Nations Children's Fund and

other competent bodies as it may consider appropriate to provide expert advice on the

implementation of the Convention in areas falling within the scope of their respective

mandates. The Committee may invite the specialized agencies, the United Nations

Children's Fund, and other United Nations organs to submit reports on the implementation

of the Convention in areas falling within the scope of their activities;

(b) The Committee shall transmit, as it may consider appropriate, to the specialized

agencies, the United Nations Children's Fund and other competent bodies, any reports from

States Parties that contain a request, or indicate a need, for technical advice or assistance,

along with the Committee's observations and suggestions, if any, on these requests or

indications;

General to undertake on its behalf studies on specific issues relating to the rights of the

child;

(d) The Committee may make suggestions and general recommendations based on

information received pursuant to articles 44 and 45 of the present Convention. Such

suggestions and general recommendations shall be transmitted to any State Party

concerned and reported to the General Assembly, together with comments, if any, from

States Parties.

PART lil

Article 46 -

The present Convention shall be open for signature by all States.

Article 47

The present Convention is subject to ratification. Instruments of ratification shall be

deposited with the Secretary-General of the United Nations.

Article 48

The present Convention shall remain open for accession by any State. The instruments of

accession shall be deposited with the Secretary-General of the United Nations.

Article 49 (4 x" 9

Convention on the Rights of the Cnild Page 19 of 2 Convention on the Rights of the Cnild Page 20 of 20

1. The present Convention shall enter into force on the thirtieth day following the date of 7 The Secretary-General of the United Nations is designated as the depositary of the present

deposit with the Secretary-General of the United Nations of the twentieth instrument of Convention.

ratification or accession

Article 54

2. For each State ratifying or acceding to the Convention after the deposit of the twentieth

instrument of ratification or accession. the Convention shall enter into force on the thirtieth The original of the present Convention, of which the Arabic, Chinese, English, French

day after the deposit by such State of its instrument of ratification or accession Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-

General of the United Nations.

Article 50

IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized thereto

1. Any State Party may propose an amendment and file it with the Secretary-General of the by their respective governments, have signed the present Convention.

United Nations. The Secretary-General shall thereupon communicate the proposed

amendment to States Parties, with a request that they indicate whether they favour a

conference of States Parties for the purpose of considering and voting upon the proposals

in the event that_within four months from the date of such communication, at least one third TOP HOMEINSTRUMENTS DOCUMENTSINDEX SEARCH

of the States Parties favour such a conference, the Secretary-General shall convene the

conference under the auspices of the United Nations. Any amendment adopted by a

majority of States Parties present and voting at the conference shall be submitted to the

General Assembly for approval. © Copyignt 1907 - 2000

Office of the United Nations High Commissioner for Human Rights

2. An amendment adopted in accoresnce with paragraph 1 of the present article shall enter Geneva, Switzerland

into force when it has been approveu by the General Assembly of the United Nations and

accepted by a two-thirds majority of States Parties.

3. When an amendment enters into force, it shall be binding on those States Parties which

have accepted it, other States Parties still being bourd by the provisions of the present

Convention and any earlier amendments which they have accepted.

Article 51

1. The Secretary-General of the-United Nations shall receive and circulate to all States the

text of reservations made by States at the time of ratification or accession. |

2. A reservation incompatible with the object and purpose of the present Convention shall

not be permitted.

3. Reservations may be withdrawn at any time by notification to that effect addressed to the

Secretary-General of the United Nations, who shall then inform all States. Such notification

shall take effect on the date on which it is received by the Secretary-General

Article 52

A State Party may denounce the present Convention by written notification to the

Secretary-General of the United Nations. Denunciation becomes effective one year after

the date of receipt of the notification by the Secretary-General.

ance D 4c D4

Department of Legal Cooperation © Information —

& Sewer i & P-emer-ts. > "er: “Sree Tae

AMERICAN CONVENTION ON HUMAN RIGHTS "PACT OF SAN JOSE, COSTA RICA"

Preambie

The American states signatory to the present Convention,

Reaffirming their intention to consolidate in this hemisphere, within the framework of

democratic institutions, a system of personal liberty and social justice based on respect for

the essential rights of man;

Recognizing that the essential rights of man are not derived from one's being a national of a

certain state, but are based upon attributes of the human personality, and that they

therefore justify international protection in the form of a convention reinforcing or

complementing the protection provided by the domestic law of the American states;

Considering that these principles have been set forth in the Charter of the Organization of

American States, in the American Declaration of the Rights and Duties of Man, and in the

Universal Declaration of Human Rights, and that they have been reaffirmed and refined in

other international instruments, worldwide as well as regional in scope;

Reiterating that, in accotdance with the Universal Declaration of Human Rights, the ideal of

free men enjoying freedom from fear and want can be achieved only if conditions are

created whereby everyone may enjoy his economic, social, and cultural rights, as well as his

civil and political rights; and

Considering that the Third Special Inter-American Conference (Buenos Aires, 1967)

approved the incorporation into the Charter of the Organization itself of broader standards

with respect to economic, social, and educational rights and resolved that an inter-American

convention on human rights should determine the structure, competence, and procedure of

the organs responsible for these matters,

Have agreed upon the following:

PART I - STATE OBLIGATIONS AND

RIGHTS PROTECTED

CHAPTER I - GENERAL OBLIGATIONS

Article 1. Obligation to Respect Rights

1. The States Parties to this Convention undertake to respect the rights and freedoms

recognized herein and to ensure to all persons subject to their jurisdiction the free and full

exercise of those rights and freedoms, without any discrimination for reasons of race, color,

sex, language, religion, political or other opinion, national or social origin, economic status,

birth, or any other social condition.

- 42

2. For the purposes of this Convention, "person" means every human being.

Article 2. Domestic Legal Effects

Where the exercise of any of the rights or freedoms referred to in Article 1 is not already

ensured by legislative or other provisions, the States Parties undertake to adopt, in

accordance with their constitutional processes and the provisions of this Convention, such

legislative or other measures as may be necessary to give effect to those rights or

freedoms.

CHAPTER II - CIVIL AND POLITICAL RIGHTS

Article 3. Right to Juridical Personality

Every person has the right to recognition as a person before the law.

Article 4. Right to Life

1. Every person has the right to have his life respected. This right shall be protected by jaw

and, in general, from the moment of conception. No one shall be arbitrarily deprived of his

life.

2. In countries that have not abolished the death penalty, it may be imposed only for the

most serious crimes and pursuant to a final judgment rendered by a competent court and in

accordance with a law establishing such punishment, enacted prior to the commission of

the crime. The application of such punishment shall not be extended to crimes to which it

does not presently apply.

3. The death penalty shall not be reestablished in states that have abolished it.

4. In no case shall capital punishment be inflicted for political offenses or related common

crimes.

5. Capital punishment shall not be imposed upon persons who, at the time the crime was

committed, were under 18 years of age or over 70 years of age; nor shall it be applied to

pregnant women.

6. Every person condemned to death shall have the right to apply for amnesty, pardon, or

commutation of sentence, which may be granted in all cases. Capital punishment shall not

be imposed while such a petition is pending decision by the competent authority.

Article 5. Right to Humane Treatment

1. Every person has the right to have his physical, mental, and moral integrity respected.

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

treatment. All persons deprived of their liberty shall be treated with respect for the inherent

dignity of the human person.

3. Punishment shall not be extended to any person other than the criminal.

9.43

4. Accused persons shall, save in exceptional circumstances, be segregated from convicted

persons, and shall be subject to separate treatment appropriate to their status as

unconvicted persons.

5. Minors while subject to criminal proceedings shall be separated from adults and brought

before specialized tribunals, as speedily as possible, so that they may be treated in

accordance with their status as minors.

6. Punishments consisting of deprivation of liberty shall have as an essential aim the reform

and social readaptation of the prisoners.

Article 6. Freedom from Slavery

1. No one shall be subject to slavery or to involuntary servitude, which are prohibited in all

their forms, as are the slave trade and traffic in women.

2. No one shall be required to perform forced or compulsory labor. This provision shall not

be interpreted to mean that, in those countries in which the penalty established for certain

crimes is deprivation of liberty at forced labor, the carrying out of such a sentence imposed

by a competent court is prohibited. Forced labor shall not adversely affect the dignity or the

physical or intellectual capacity of the prisoner.

3. For the purposes of this article, the following do not constitute forced or compulsory

labor:

a. work or service normally required of a person

imprisoned in execution of a sentence or formal

decision passed by the competent judicial

authority. Such work or service shall be carried out

under the supervision and control of public

authorities, and any persons performing such work

or service shall not be placed at the disposal of any

private party, company, or juridical person;

b. military service and, in countries in which

conscientious objectors are recognized, national

service that the law may provide for in lieu of

military service;

c. service exacted in time of danger or calamity

that threatens the existence or the well-being of

the community; or

d.-work or service that forms part of normal civic

wm 9-44

Article 7. Right to Personal Liberty

1. Every person has the right to personal liberty and security.

2. No one shall be deprived of his physical liberty except for the reasons and under the

conditions established beforehand by the constitution of the State Party concerned or by a

law established pursuant thereto.

3. No one shall be subject to arbitrary arrest or imprisonment.

4. Anyone who is detained shail be informed of the reasons for his detention and shall be

promptly notified of the charge or charges against him.

5. Any person detained shal! be brought promptly before a judge or other officer authorized

by law to exercise judicial power and shall be entitied to trial within a reasonable time or to

be released without prejudice to the continuation of the proceedings. His release may be

subject to guarantees to assure his appearance for trial.

6. Anyone who is deprived of his liberty shall be entitled to recourse to a competent court,

in order that the court may decide without delay on the lawfulness of his arrest or detention

and order his release if the arrest or detention is uniawful. In States Parties whose laws

provide that anyone who believes himself to be threatened with deprivation of his liberty is

entitied to recourse to a competent court in order that it may decide on the lawfulness of

such threat, this remedy may not be restricted or abolished. The interested party or another

person in his behalf is entitied to seek these remedies.

7. No one shall be detained for debt. This principle shall not limit the orders of a competent

judicial authority issued for nonfulfiliment of duties of support.

Article 8. Right to a Fair Trial

1. Every person has the right to a hearing, with due guarantees and within a reasonable

time, by a competent, independent, and impartial tribunal, previously established by law, in

the substantiation of any accusation of a criminal nature made against him or for the

determination of his rights and obligations of a civil, labor, fiscal, or any other nature.

2. Every person accused of a criminal offense has the right to be presumed innocent so

long as his guilt has not been proyen according to law. During the proceedings, every

person is entitled, with full equality, to the following minimum guarantees:

a. the right of the accused to be assisted without

charge by a translator or interpreter, if he does not

understand or does not speak the language of the

tribunal or court;

b. prior notification in detail to the accused of the

A-4s

3. A confession of guilt by the accused shail be valid only if it is made without coercion of

any kind.

4. An accused person acquitted by a nonappealable judgment shall not be subjected to a

charges against him;

c. adequate time and means for the preparation of

his defense;

d. the right of the accused to defend himself

personally or to be assisted by legal! counsel of his

own choosing, and to communicate freely and

privately with his counsel;

e. the inalienable right to be assisted by counsei

provided by the state, paid or not as the domestic

law provides, if the accused does not defend

himself personally or engage his own counsel

within the time period established by law;

f. the right of the defense to examine witnesses

present in the court and to obtain the appearance,

as witnesses, of experts or other persons who may

throw light on the facts;

g. the right not to be compelled to be a witness

against himself or to plead guilty; and

h. the right to appeal the judgment to a higher

court.

new trial for the same cause.

5. Criminal proceedings shall be public, except insofar as may be necessary to protect the

interests of justice.

3-4b

No one shall be convicted of any act or omission that did not constitute a criminal offense,

under the applicable law, at the time it was committed. A heavier penalty shall not be

imposed than the one that was applicable at the time the criminal offense was committed.

If subsequent to the commission of the offense the law provides for the imposition of a

Article 10. Right to Compensation

Every person has the right to be compensated in accordance with the law in the event he

has been sentenced by a final judgment through a miscarriage of justice. "

Article 11. Right to Privacy

1. Everyone has the right to have his honor respected and his dignity recognized.

2. No one may be the object of arbitrary or abusive interference with his private life, his

family, his home, or his correspondence, or of unlawful attacks on his honor or reputation.

3. Everyone has the right to the protection of the law against such interference or attacks.

Article 12. Freedom of Conscience and Religion

1. Everyone has the right to freedom of conscience and of religion. This right includes

freedom to maintain or to change one's religion or beliefs, and freedom to profess or

disseminate one's religion or beliefs, either individually or together with others, in public or

in private.

2. No one shail be subject to restrictions that might impair his freedom to maintain or to

change his religion or beliefs.

3. Freedom to manifest one's religion and beliefs may be subject only to the limitations

prescribed by law that are necessary to protect public safety, order, health, or morals, or

the rights or freedoms of others.

4. Parents or guardians, as the case may be, have the right to provide for the religious and

mora! education of their children or wards that is in accord with their own convictions.

Article 13. Freedom of Thought and Expression

1. Everyone has the right to freedom of thought and expression. This right includes

freedom to seek, receive, and impart information and ideas of all kinds, regardless of

one's choice.

2. The exercise of the right provided for in the foregoing paragraph shall not be subject to

prior censorship but shall be subject to subsequent imposition of liability, which shail be

expressly established by law to the extent necessary to ensure:

a4?

a. respect for the rights or reputations of others; or

b. the protection of national security, public order,

or public health or morals.

3. The right of expression may not be restricted by indirect methods or means, such as the

abuse of government or private controls over newsprint, radio broadcasting frequencies, or

equipment used in the dissemination of information, or by any other means tending to

impede the communication and circulation of ideas and opinions.

4. Notwithstanding the provisions of paragraph 2 above, public entertainments may be

subject by law to prior censorship for the sole purpose of regulating access to them for the

moral protection of childhood and adolescence.

5. Any propaganda for war and any advocacy of national, racial, or religious hatred that

constitute incitements to lawless violence or to any other similar action against any person

or group of persons on any grounds including those of race, color, religion, language, or

national origin shall be considered as offenses punishable by law.

Article 14. Right of Reply

1. Anyone injured by inaccurate or offensive statements or ideas disseminated to the public

in general by a legally regulated medium of communication has the right to reply or to

make a correction using the same communications outlet, under such conditions as the law

may establish.

2. The correction or reply shall not in any case remit other legal liabilities that may have

been incurred.

3. For the effective protection of honor and reputation, every publisher, and every

newspaper, motion picture, radio, and television company, shall have a person responsible

who is not protected by immunities or special privileges.

Article 15. Right of Assembly

The night of peaceful assembly, without arms, is recognized. No restrictions may be placed

on the exercise of this right other than those imposed in conformity with the law and

necessary in a democratic society in the interest of national security, public safety or public

order, or to protect public health or morals or the rights or freedom of others.

Artide 16. Freedom of Association

1. Everyone has the right to associate freely for ideological, religious, political, economic,

labor, social, cultural, sports, or other purposes.

2. The exercise of this right shall be subject only to such restrictions established by law as

1-43

may be necessary in a democratic society, in the interest of national security, public safety

or public order, or to protect public health or morals or the rights and freedoms of others.

3. The provisions of this article do not bar the imposition of legal restrictions, including even

deprivation of the exercise of the right of association, on miembers of the armed forces and

the police.

Article 17. Rights of the Family

1. The family is the natural and fundamental group unit of society and is entitied to

protection by society and the state.

2. The right of men and women of marriageable age to marry and to raise a family shall be

recognized, if they meet the conditions required by domestic laws, insofar as such

conditions do not affect the principle of nondiscrimination established in this Convention.

3. No marriage shall be entered into without the free and full consent of the intending

spouses.

4. The States Parties shall take appropriate steps to ensure the equality of rights and the

adequate baiancing of responsibilities of the spouses as to marriage, during marriage, and

in the event of its dissolution. In case of dissolution, provision shall be made for the

necessary protection of any children solely on the basis of their own best interests.

5. The law shall recognize equal rights for children born out of wediock and those born in

wedlock.

Article 18. Right to a Name

Every person has the right to a given name and to the surnames of his parents or that of

one of them. The law shall regulate the manner in which this right shall be ensured for all,

by the use of assumed names if necessary.

Artide 19. Rights of the Child

Every minor child has the right to the measures of protection required by his condition as a

minor on the part of his family, society, and the state.

Article 20. Right to Nationality .

1. Every person has the right to a nationality.

2. Every person has the right to the nationality of the state in whose territory he was born if

he does not have the right to any other nationality.

3. No one shail be arbitrarily deprived of his nationality or of the right to change it.

Article 21. Right to Property

1. Everyone has the right to the use and enjoyment of his property. The law may

Q-49

subordinate such uSe and enjoyment to the interest of society.

2. No one shall be deprived of his property except upon payment of just compensation, for

reasons of public utility or social interest, and in the cases and according to the forms

established by law.

3. Usury and any other form of exploitation of man by man shal! be prohibited by law

Article 22. Freedom of Movement and Residence

1. Every person lawfully in the territory of a State Party has the right to move about in it,

and to reside in it subject to the provisions of the law.

2. Every person has the right lo leave any country freely, including his own.

3. The exercise of the foregoing rights may be restricted only pursuant to a law to the

extent necessary in a democratic society to prevent crime or to protect national security,

public safety, public order, public morals, public health, or the rights or freedoms of others.

4. The exercise of the rights recognized in paragraph 1 may also be restricted by law in

designated zones for reasons of public interest.

5. No one can be expelled from the territory of the state of which he is a national or be

deprived of the right to enter it.

6. An alien lawfully in the territory of a State Party to this Convention may be expelled from

it only pursuant to a decision reached in accordance with law.

7. Every person has the right to seek and be granted asylum in a foreign territory, in

accordance with the legislation of the state and international conventions, in the event he is

being pursued for political offenses or related common crimes.

8. In no case may an alien be deported or returned to a country, regardless of whether or

not it is his country of origin, if in that country his right to life or personal freedom is in

danger of being violated because of his race, nationality, religion, social status, or political

9. The collective expulsion of aliens is prohibited.

Artide 23. Right to Participate in Government

~ 1. Every citizen shall enjoy the following rights and opportunities:

a. to take part in the conduct of public affairs,

directly or through freely chosen representatives;

b. to vote and to be elected in genuine periodic

elections, which shall be by universal and equal

4-SU

suffrage and by secret ballot that guarantees the

free expression of the will of the voters; and

c. to have access, under general conditions of

equality, to the public service of his country.

2. The law may regulate the exercise of the rights and opportunities referred to in the

preceding paragraph only on the basis of age, nationality, residence, language, education,

civil and mental capacity, or sentencing by a competent court in criminal proceedings.

Article 24, Right to Equal Protection

All persons are equal before the law. Consequently, they are entitied, without

discrimination, to equal protection of the law.

Article 25. Right to Judicial Protection

1. Everyone has the right to simple and prompt recourse, or any other effective recourse, to

a competent court or tribunal for protection against acts that violate his fundamental rights

recognized by the constitution or laws of the state concerned or by this Convention, even

though such violation may have been committed by persons acting in the course of their

official duties.

2. The States Parties undertake:

a. to ensure that any person claiming such remedy

shall have his rights determined by the competent

-~ a aaa astie tree

’

b. to develop the possibilities of judicial remedy;

c. to ensure that the competent authorities shall

enforce such remedies when granted.

CHAPTER III - ECONOMIC, SOCIAL,

F-SI

AND CULTURAL RIGHTS

Article 26. Progressive Development

The States Parties undertake to adopt measures, both internally and through international!

cooperation, especially those of an economic and technical nature, with a view to achieving

progressively, by legislation or other appropriate means, the full realization of the rights

implicit in the economic, social, educational, scientific, and cultural standards set forth in

the Charter of the Organization of American States as amended by the Protocol of Buenos

Aires.

CHAPTER IV - SUSPENSION OF GUARANTEES,

INTERPRETATION, AND APPLICATION

Article 27. Suspension of Guarantees

1. In time of war, public danger, or other emergency that threatens the independence or

security of a State Party, it may take measures derogating from its obligations under the

present Convention to the extent and for the period of time strictly required by the

exigencies of the situation, provided that such measures are not inconsistent with its other

obligations under international law and do not involve discrimination on the ground of race,

color, sex, language, religion, or social origin.

2. The foregoing provision does not authorize any suspension of the following articles:

Article 3 (Right to Juridical Personality), Article 4 (Right to Life), Article 5 (Right to Humane

Treatment), Article 6 (Freedom from Slavery), Article 9 (Freedom from Ex Post Facto Laws),

Article 12 (Freedom of Conscience and Religion), Article 17 (Rights of the Family), Article 18

(Right to a Name), Article 19 (Rights of the Child), Article 20 (Right to Nationality), and

Article 23 (Right to Participate in Government), or of the judicial guarantees essential for

the protection of such rights.

3. Any State Party availing itself of the right of suspension shall immediately inform the

_ other States Parties, through the Secretary General of the Organization of American States,

of the provisions the application of which it has suspended, the reasons that gave rise to

the suspension, and the date set for the termination of such suspension.

Artide 28. Federal Clause

1. Where a State Party is constituted as a federal state, the national government of such

State Party shall implement all the provisions of the Convention over whose subject matter

it exercises legislative and judicial jurisdiction.

2. With respect to the provisions over whose subject matter the constituent units of the

federal state have jurisdiction, the national government shall immediately take suitable

measures, in accordance with its constitution and its laws, to the end that the competent

authorities of the constituent units may adopt appropriate provisions for the fulfillment of

this Convention.

3. Whenever two or more States Parties agree to form a federation or other type of

association, they shall take care that the resulting federal or other compact contains the

[}-S2

provisions necessary for continuing and rendering effective the standards of this Convention

in the new state that is organized.

Article 29. Restrictions Regarding Interpretation

No provision of this Convention shall be interpreted as:

a. permitting any State Party, group, or person to

suppress the enjoyment or exercise of the rights

and freedoms recognized in this Convention or to

restrict them to a greater extent than is provided

for herein;

b. restricting the enjoyment or exercise of any right

or freedom recognized by virtue of the laws of any

State Party or by virtue of another convention to

which one of the said states is a party;

Cc. precluding other rights or guarantees that are

inherent in the human personality or derived from

representative democracy as a form of

government; or

d. excluding or limiting the effect that the American

Declaration of the Rights and Duties of Man and

other international acts of the same nature may

have.

Article 30. Scope of Restrictions

The restrictions that, pursuant to this Convention, may be placed on the enjoyment or

exercise of the rights or freedoms recognized herein may not be applied except in

accordance with laws enacted for reasons of general interest and in accordance with the

purpose for which such restrictions have been established.

Article 31. Recognition of Other Rights

Other rights and freedoms recognized in accordance with the procedures established in

Articles 76 and 77 may be included in the system of protection of this Convention.

CHAPTER V - PERSONAL RESPONSIBILITIES

+-5 3

OVE Toy

Article 32. Relationship between Duties and Rights

enon d

1. Every person has responsibilities to his family, his community, and mankind.

2. The rights of each person are limited by the rights of others, by the security of ali, and

by the just demands of the general welfare, in a democratic society.

PART II - MEANS OF PROTECTION

CHAPTER VI - COMPETENT ORGANS

Article 33

The following organs shall have competence with respect to matters relating to the

fulfillment of the commitments made by the States Parties to this Convention:

a. the Inter-American Commission on Human

Rights, referred to as "The Commission;" and

b. the Inter-American Court of Human Rights,

referred to as “The Court."

CHAPTER VII - INTER-AMERICAN COMMISSION

ON HUMAN RIGHTS

Section 1. Organization

The Inter-American Commission on Human Rights shall be composed of seven members,

who shail be persons of high moral character and recognized comr tence in the field of

human rights.

Artide 35

The Commission shal! represent all the member countries of the Organization of American

States.

Artide 36

1. The members of the Commission shall be elected in a personal capacity by the General

Assembly of the Organization from a list of candidates proposed by the governments of the

9-54

member states.

2. Each of those governments may propose up to three candidates, wno may be nationals

of the states proposing them or of any other member state of the Organization of American

States. When a slate of three is proposed, at least one of the candidates shall be a national

of a state other than the one proposing the slate.

Article 37

1. The members of the Commission shall be elected for a term of four years and may be

reelected only once, but the terms of three of the members chosen in the first election shall

expire at the end of two years. Immediately following that election the General Assembly

shall determine the names of those three members by lot.

2. No two nationals of the same state may be members of the Commission.

Article 38

Vacancies that may occur on the Commission for reasons other than the normal expiration

of a term shail be filled by the Permanent Council of the Organization in accordance with

the provisions of the Statute of the Commission.

Article 39

The Commission shall prepare its Statute, which it shall submit to the General Assembly for

approval. It shall establish its own Regulations.

Secretariat services for the Commission shall be furnished by the appropriate specialized

unit of the General Secretariat of the Organization. This unit shall be provided with the

resources required to accomplish the tasks assigned to it by the Commission.

Section 2. Functions

Article 41

The main function of the Commission shall be to promote respect for and defense of human

rights. In the exercise of its mandate, it shall have the following functions and powers:

a. to develop an awareness of human rights among

the peoples of America;

b. to make recommendations to the governments

of the member states, when it considers such

action advisable, for the adoption of progressive

measures in favor of human rights within the

framework of their domestic law and constitutional

provisions as well as appropriate measures to

further the observance of those rights;

c. to prepare such studies or reports as it considers

advisable in the performance of its duties;

d. to request the governments of the member

states to supply it with information on the

measures adopted by them in matters of human

rights,

e. to respond, through the General Secretariat of

the Organization of American States, to inquiries

made by the member states on matters related to

human rights and, within the limits of its.

possibilities, to provide those states with the

advisory services they request;

f. to take action on petitions and other

communications pursuant to its authority under the

provisions of Articles 44 through 51 of this

Convention; and

g. to submit an annual report to the General

Assembly of the Organization of American States.

Artide 42

The States Parties shall transmit to the Commission a copy of each of the reports and

studies that they submit annually to the Executive Committees of the Inter-American

Economic and Social Council and the Inter-American Council for Education, Science, and

Culture, in their respective fields, so that the Commission may watch over the promotion of

the rights implicit in the economic, social, educational, scientific, and cultural standards set

forth in the Charter of the Organization of American States as amended by the Protocol of

Buenos Aires.

Artide 43

A-SG

ee Tk ae eee

The States Parties undertake to provide the Commission with such information as it may

request of them as to the manner in which their domestic law ensures the effective

application of any provisions of this Convention.

Article 44

Any person or group of persons, or any nongovernmental entity legally recognized in one or

more member states of the Organization, may lodge petitions with the Commission

containing denunciations or complaints of -iolation of this Convention by a State Party.

Article 45

1. Any State Party may, when it deposits its instrument of ratification of or adherence to

this Convention, or at any later time, declare that it recognizes the competence of the

Commission to receive and examine communications in which a State Party alleges that

another State Party has committed a violation of a human right set forth in this Convention.

2. Communications presented by virtue of this article may be admitted and examined only if

they are presented by a State Party that has made a declaration recognizing the

aforementioned competence of the Commission. The Commission shall not admit any

communication against a State Party that has not made such a declaration.

3. A declaration concerning recognition of competence may be made to be valid for an

indefinite time, for a specified period, or for a specific case.

4. Declarations shall be deposited with the General Secretariat of the Organization of

American States, which shall transmit copies thereof to the member states of that

Article 46

1. Admission by the Commission of a petition or communication lodged in accordance with

Articles 44 or 45 shall be subject to the following requirements:

a. that the remedies under domestic law have been

pursued and exhausted in accordance with

generally recognized principles of international law;

b. that the petition or communication is lodged

within a period of six months from the date on

which the party alleging violation of his rights was

notified of the final judgment;

c. that the subject of the petition or communication

a.$ 7

2. The provisions of paragraphs 1.a and 1.b of this article shall not be applicable when:

Article 47

The Commission shall consider inadmissible any petition or communication submitted under

Articles 44 or 45 if:

IS NOt pending in another international proceeding

for settlement; and

d. that, in the case of Article 44, the petition

contains the name, nationality, profession,

domicile, and signature of the person or persons or

of the legal representative of the entity lodging the

petition.

a. the domestic legislation of the state concerned

does not afford due process of law for the

protection of the right or rights that have allegedly

been violated;

b. the party alleging violation of his rights has been

denied access to the remedies under domestic law

or has been prevented from exhausting them; or

c. there has been unwarranted delay in rendering a

final judgment under the aforementioned

remedies.

a. any of the requirements indicated in Article 46

has not been met;

b. the petition or communication does not state

facts that tend to establish a violation of the rights

guaranteed by this Convention;

c. the statements of tne petitioner or of the state

indicate that the petition or communication ts

manifestly groundless or obviously out of order; or

d. the petition or communication is substantially

the same as one previously studied by the

Commission or by another international!

organization.

Section 4. Procedure

Article 48

1. When the Commission receives a petition or communication alleging violation of any of

the rights protected by this Convention, it shall proceed as follows:

a. If it considers the petition or communication

admissible, it shall request information from the

government of the state indicated as being

responsible for the alleged violations and shall

furnish that government a transcript of the

pertinent portions of the petition or

communication. This information shall be

submitted within a reasonable period to be

determined by the Commission in accordance with

the circumstances of each case.

b. After the information has been received, or after

the period established has elapsed and the

information has not been received, the Commission

shall ascertain whether the grounds for the petition

or communication still exist. If they do not, the

Commission shall order the record to be closed.

c. The Commission may also declare the petition or

communication inadmissible or out of order on the

basis of information or evidence subsequently

received.

4.59

d. If the record has not been closed, the

Commission shall, with the anowiedge of the

parties, examine the matter set forth in the petition

or communication in order to verify the facts. If

necessary and advisable, the Commission shal!

carry out an investigation, for the effective conduct

of which it shall request, and the states concerned

shall furnish to it, all necessary facilities.

e. The Commission may request the states

concerned to furnish any pertinent information

and, if so requested, shall hear ora! statements or

receive written statements from the parties

concerned.

f. The Commission shall place itself at the disposai

of the parties concerned with a view to reaching a

friendly settlement of the matter on the basis of

respect for the human rights recognized in this

Convention.

2. However, in serious and urgent cases, only the presentation of a petition or

communication that fulfills all the formal requirements of admissibility shall be necessary in

order for the Commission to conduct an investigation with the prior consent of the state in

whose territory a violation has allegedly been committed.

1. If a settlement is not reached, the Commission shall, within the time limit established by

its Statute, draw up a report setting forth the facts and stating its conclusions. If the report,

Commission, any member may attach to it a separate opinion. The written and oral

statements made by the parties in accordance with paragraph 1.e of Article 48 shall also be

attached to the report.

the law of the state of which

_ Candidates. Uney ave

2. No two judges may be nationals of the same state.

nationals or of the state that proposes them as

other than the one proposing the siate.

Article 54

1. The judges of the Court shail be elected for a term of six years and may be reelected

only once. The term of three of the judges chosen in the first election shall expire at the

end of three years. Immediately after the election, the names of the three judges shall be

determined by lot in the Genera! Assembly. ;

2. A judge elected to replace a judge whose term has not expired shall complete the term

of the iatter. A

3. The judges shall continue in office until the expiration of their term. However, they shail

continue to serve with regard to cases that they have begun to hear and that are still

pending, for which purposes they shall not be replaced by the newly elected judges.

Article 55

1. If a judge is a national of any of the States Parties to a case submitted to the Court, he

shall retain his right to hear that case.

2. If one of the judges called upon to hear a case should be a national of one of the States

Parties to the case, any other State Party in the case may appoint a person of its choice to

serve on the Court as an ad hoc judge.

3. If among the judges called upon to hear a case none is a national of any of the States

Parties to the case, each of the latter may appoint an ad hoc judge.

4. An ad hoc judge shall possess the qualifications indicated in Article 52.

5. If several States Parties to the Convention should have the same interest in a case, they

shall be considered as a single party for purposes of the above provisions. In case of doubt,

the Court shall decide.

Article 56

Five judges shall constitute a quorum for the transaction of business by the Court.

Article 57

The Commission shall appear in all cases before the Court.

Artide 58

1. The Court shall have its seat at the place determined by the States Parties to the

Convention in the General Assembly of the Organization; however, it may convene in the

territory of any member state of the Organization of American States when a majority of

the Court considers it desirable, and with the prior consent of the state concerned. The seat

of the Court may be changed by the States Parties to the Convention in the General

Assembly by a two-thirds vote.

H-G2

2. The Court shail appoint its own Secretary.

3. The Secretary shall have his office at the place where the Court has its seat and shall

attend the meetings that the Court may hoid away from its seat.

Article 59

The Court shall establish its Secretariat, which shall function under the direction of the

Secretary of the Court, in accordance with the administrative standards of the General

Secretariat of the Organization in all respects not incompatible with the independence of the

Court. The staff of the Court's Secretariat shall be appointed by the Secretary General of

the Organization, in consultation with the Secretary of the Court.

Article 60

The Court shall draw up its Statute which it shall submit to the General Assembly for

approval. It shall adopt its own Rules of Procedure.

Section 2. Jurisdiction and Functions

Article 61

1. Only the States Parties and the Commission shall have the right to submit a case to the

2. In order for the Court to hear a case, it is necessary that the procedures set forth in

Articles 48 and 50 shall have been completed.

Article 62

1. A State Party may, upon depositing its instrument of ratification or adherence to this

Convention, or at any subsequent time, declare that it recognizes as binding, ipso facto,

and not requiring special agreement, the jurisdiction of the Court on all matters relating to

the interpretation or application of this Convention.

2. Such declaration may be made unconditionally, on the condition of reciprocity, for a

specified period, or for specific cases. It shall be presented to the Secretary General of the

Organization, who shall transmit copies thereof to the other member states of the

Organization and to the Secretary of the Court.

Artide 63

1. If the Court finds that there has been a violation of a right or freedom protected by this

Convention, the Court shall rule that the injured party be ensured the enjoyment of his right

or freedom that was violated. It shall also rule, if appropriate, that the consequences of the

measure or situation that constituted the breach of such ngh: or freedom be remedied and

that fair compensation be

Article 64

Article 65

Paid to the injured party.

Court shall submit, for the Assembly's Consideration, a report on its work during the

previous year. It shail specify, in particular, the cases in which & state has not complied with

its judgments, making any

Section 3. Procedure

Article 66

pertinent recommendations.

1. Reasons shall be given for the judgment of the Court.

many case to aren: t2 the Convention undertake to comply with the judgment of the Cour

in any case to which they are parties.

country concerned in accordance with domestic procedure governing tne execution of

Article 69

re parties to the case shall be notified of the judgment of the Court and it shail be

transmitted to the States Parties to the Convention.

CHAPTER IX - COMMON PROVISIONS

Article 70

Article 73

may ba ae Assembly may, only at the request of the Commission or the Court, as the case

may be, determine sanctions to be applied against members of the or judges of

AMENDMENTS, PROTOCOLS, AND DENUNCIATION

Article 74

1. This Convention shail be open for signature and ratification by or adherence of any

member state of the Organization of American States.

2. Ratification of or adherence to this Convention shall be made by the deposit of an

instrument of ratification or adherence with the General Secretariat of the Organization of

American States. As soon as eleven states have deposited their instruments of ratification or

adherence, the Convention shall enter into force. With respect to any state that ratifies or

adheres thereafter, the Convention shall enter into force on the date of the deposit of its

instrument of ratification or adherence.

3. The Secretary General shall inform all member states of the Organization of the entry

into force of the Convention.

Article 75

This Convention shall be subject to reservations only in conformity with the provisions of

the Vienna Convention on the Law of Treaties signed on May 23, 1969.

Article 76

1. Proposals to amend this Convention may be submitted to the General Assembly for the

action it deems appropriate by any State Party directly, and by the Commission or the Court

through the Secretary General.

2. Amendments shall enter into force for the States ratifying them on the date when two-

thirds of the States Parties to this Convention have deposited their respective instruments

of ratification. With respect to the other States Parties, the amendments shal! enter into

force on the dates on which they deposit their respective instruments of ratification.

Articie 77

1. In accordance with Article 31, any State Party and the Commission may submit proposed

protocols to this Convention for consideration by the States Parties at the General Assembly

with a view to gradually including other rights and freedoms within its system of protection.

2. Each protocol shall determine the manner of its entry into force and shall be applied only

among the States Parties to it.

Article 78

1. The States Parties may denounce this Convention at the expiration of a five-year period

from the date of its entry into force and by means of notice given one year in advance.

Notice of the denunciation shall be addressed to the Secretary General of the Organizat on,

_ who shall inform the other States Parties.

2. Such a denunciation shall not have the effect of releasing the State Party concerned from

Dub

the obligations contained in this Convention with respect to any act that may constitute a

violation of those obligations and that has been taken by that state prior to the effective

date of denunciation. -

CHAPTER XI - TRANSITORY PROVISIONS

Section 1. Inter-American Commission on Human Rights

Article 79

Upon the entry into force of this Convention, the Secretary General shall, in writing, request

each member state of the Organization to present, within ninety days, its candidates for

membership on the Inter-American Commission on Human Rights. The Secretary General

shall prepare a list in alphabetical order of the candidates presented, and transmit it to the

member states of the Organization at least thirty days prior to the next session of the

General Assembly.

Article 80

The members of the Commission shall be elected by secret ballot of the General Assembly

from the list of candidates referred to in Article 79. The candidates who obtain the largest

number of votes and an absolute majority of the votes of the representatives of the

member states shall be declared elected. Should it become necessary to have several

ballots in order to elect all the members of the Commission, the candidates who receive the

smallest number of votes shali be eliminated successively, in the manner determined by the

General Assembly.

Section 2. Inter-American Court of Human Rights

Article 81

Upon the entry into force of this Convention, the Secretary General shall, in writing, request

each State Party to present, within ninety days, its candidates for membership on the Inter-

American Court of Human Rights. The Secretary General shall prepare a list in alphabetical

order of the candidates presented and transmit it to the States Parties at least thirty days

prior to the next session of the General Assembly.

Article 82

The judges of the Court shall be elected from the list of candidates referred to in Article 81,

by secret ballot of the States Parties to the Convention in the General Assembly. The

candidates who obtain the largest number of votes and an absolute majority of the votes of

the representatives of the States Parties shall be declared elected. Should it become

necessary to have several ballots in order to elect all the judges of the Court, the

candidates who receive the smallest number of votes shall be eliminated succe ‘ively, in the

manner determined by the States Parties.

Signatories and Ratifications

questions or comments to

' 2001 Organization cf American States

|All Links. .

Minimum Ages for Application of Death Penalty

US STATUTES:

[Age Age Eighteen l[Ave Seventeen I[Age Sixteen’ No Death Penatty

California Florida [Alabama Alaska |

Colorado Arizona District of Columbia};

New |

Connecticut Hampshire Arkansas Hawai

Ilinors | North Carolina | Delaware ae.

Indiana Texas [Texas _||Idaho [Ma

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——

AU Search Site Mar Cen'ac

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New Jersey Rhode Isiand

“Minimum Age required by Thompson v Oklahoma

“) C

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http://www.wcl.american.edu/humright/deathpenalty /juvstatutes. htm! 4/21/02

Status of yuvenile Death Penalty Law in the u.ited

States

[At Links. . ~

Currently it 1s established that tne execution of juveniies in tre United AU Searcn Sue Mas ooe-se

States is constitutiona’ The boundaries and limits for the execution of iad

juveniles at the time of their offense by states in the United States are

set by the following cases The constitutionality of the juvenile death

penalty was cecided by the US Supreme Court in Thompson \

Oklahoma, 487 US 815 (1988). The Court heid that executions of

offenders age fifteen and younger at the time of their crimes are

unconstitutional In Stanford v Kentucky 492 US 361 (1989) the

Supreme Court heid that the Eighth Amendment does not prohibit the

death pena'ty for crimes committed at age sixteen or seventeen

regardiess of state statutory provisions

Presently. 38 states and the federal government have statutes

authorizing the death penalty for certain crimes. Twenty-two states

permit the execution of juvenile offenders. 5 using 17 years of age as

the minimum and 17 using 16 years of age as the minimum. Whilst 16

of the 22 states indeed have juvenile offenders on their death row only

7 (Texas Virginia. South Carolina, Louisiana. Missouri, Georgia and

Oklahoma) have executed since the death penalty was reinstated

following the decision in Gregg v Georgia in 1976. Gregg dealt with the

constitutionality of death penalty statutes in the USA, although

executions did not actually commence until 1977, with Gary Gilmore in

Utah Since reinstatement, 18 juvenile executions have been carried out

in the United States. In the year 2000 alone, four child offenders were

executed, Christopher Thomas (Virginia), Steve Roach (Virginia), Gien

McGinnis (Texas) and Gary Graham (Texas) In ali four cases clemency

. was sought, but the authorities in both Virginia and Texas denied this

final chance for life

The debate in the United States (US) regarding the general application

of the death penalty rages on, but the issues surrounding the execution

of juveniles (those persons below the age of 18 at the time of the crime)

attracts intense debate. As of January 2002, eighty-two juveniles are

sitting on death rows throughout the US. with Texas boasting 29 child

offenders, each awaiting their fate on one of the busiest death rows in

the US

Juvenile Offenders on Death Row

Source’: State Correctional Facilities and NAACP. LDF

"Death Row USA"

Code for state roster of juveniles on death row

{} Defendants awaiting a retrial or new sentencing proceeding following a cout order

or those whose court ordered conviction or sentence is not ye! f:nai

Not avaiiad

Recent State Developments “ ce ees

Ww White

in the Florida case Brennan v State (1999) it was upheld, through the L Latinio/a

interpretation of the Florida State Constitution, that the execution of A Asian

those who are sixteen at the time of their crime was prohibited

Race || Date of Birth

Montana's Governor Marc Racicot recently signed House Bill 374

abolishing the death ¢ =nalty for juveniles 7-1-80

Indiana's Governor O'Bannon recently signed a bill abolishing the death 4-17-74

penalty for juveniles — :

3-18-61

Serle

[w || 11-20-71

9-15-76

‘

Knotts, William Thomas

http://www.wcl.american.edu/humright/deathpenalty /juvstatutes. htm! 4/21/02 http://www. wcl.american.edw/humright/deathpenalty /juvstat.htm! 4/22/02

PERT DP veers

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| |Wimberiey. Snaber l ' $-6-78'

\ (Wynn, Gregory 8 f 12-9-81).

}Arzona (5) |Davolt. James Edward lw F 4-12-62}!

| da A

i | Jackson. Lev’ | Ww 1-15-76 |

[Huerste! Christopher Iw \ 9-22-81

| | Laird. Kenneth Jeremy Iw 3-21-75}

| Soto-Fong Martin Paul if = & 10-6-74 j

Il Floricta (4) (Bell. Ronald Lee Jr le |i 4-1-81|

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: Boniey dover Parck|w | 226-79

Lecroy Ono Dogan Jw | 3789

(Renwer Navan) Jw] ra]

[Georgia (2)

Kentucky (2)

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Louisiana (5)

North Caroina 2) }

| Oklanoma (1) |

Pennsylvania (4) |

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i Soutn Caroiina (4) \\(Conyers. Robert Lewis} B | $4-7§

| =>

Hughes Herman Lee Jr 5 | 7-28-77,

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|Kelly Wiham jw | 5-26-78"

: Powers. Ted Benjamin Wj! __ 96-73)

Aivarado. Steven Brian a. 6-4%-7

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Capetito. Edward Brant | __$-13.77

[Cobb Raymond ew) _|w_||__ 6-18.76

Dewberry. Jonn Curis Jw _||__ 1-30-77

Dicnens, Justin Wiey __w__||_7-28-76

Dixon. Anthony Jerome fB_||__1-7-76

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TOTAL : 82

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4/22/02

—_— ———-— —— _______

US Juvenile Exesutione Sinca 197E [Al Links - ¥

re ee Av Searcr Sue iia ona

| Exe- matuane

Name | wuneeneey State | Race Age | t cuted: oe a er a

|Cnaries Rumoaugr ji 9-11-1985 |i Texas White | 7] 28 eypibistipplerle

J Terry Roach “| 1-10-1986 li S Caroina || Wh: te | 17 | 25 | EES Se PY

{ Jav Pinkerton _|[s-15-1986 | Texas |Wnite | 17 I; 24 i

4 Dalton Prejear > 16-1990 |) Loursia 1@ || Biacn (47 } cr

| Jonny Garrett jf2-1 1-1992 || Texas jjMvnte | 17) 25 |

|| Curtis Harris | 7-1-1993 - |lTexas || Black H 17 | 31 |

== = | , , , ,

\| Frederick Lashley at -28- 1993 ||Missour) | Siac | 17 |i 29 | Reported Worldwide a of Juveniles Since

| Ruben Cantu i 8-24-1993 | Texas Latino | 17 a 26 ‘| Amnesty internationa! For further information and statistics see

[ches Burger | 12-7-1993 ||Georgia white || 17 || 33 I Ta — 7

f sg r f pri e e ateo ti

|| Joseph Johr. Cannon || 4-22-1998 || Texas || white | 7 t 38 ji [Country ] same oF pmnener 4 = —— a

i = Rep of 14 15J 0

||Robert A Carter -||5-18-1998 || Texas || Black {| 17 = 34 | pg . wasenge | an 200

) "] 7 ! - |

it Jj ' — - ————_— — ;

Three unnamed maies ha | 29 Sept 1992

Sean R Sellers -|i24- 1999 -||Okiahoma mes 16 rE 29 |

[Christopher Thomas || 1-10-2000 ||Virginia || white | 17 || 26 |

Ebrahim Qorbanzaden || 17 ss 24 Oct 1999

}

| |Steve E_ Roach _|t- 1-19-2000 |} Virginia ||white | v7 I, 23 = Jasem Abrahim: 17 14 Jan 2000

ie Gien C McGinnis BE -25-2000 |, Texas 1 Black jh 17 h 2 [Nigeria _—‘|| Criebore Onuoha Wis” 34 duly 1997}

| Gary L. Graham “Jez 22- 2000 | Texas I ecu} 7] 3s} i! | Pakistan One unnamed maie | 17 “| 15 Nov 1992 }

(cone Lee Mitchell ny |Texas ie Biack \ 17 33 | ~ [SnamunMasin sé 14 | 30 Sept 1997

; . Saudi Arabia__ || Sadeq Mal-Aliah 117 | 3 Sept 1992

Yemen Nasser Munir

For further information see Victor Streib

[Nasser alOKirb: [13 I 21 July 1993}

——

USA (15 since 1990)

Exe-

Name Execution || State Race sr cuted

Charles Rumbaugh || 9-11-1985 || Texas 17

J. Terry Roach 1-10-1986 E Carolina | wn 4 17 =

| Jay Pinkerton | 5-15-1986 || Texas [wn White | 17 | 24 |

rs ew

[Daiton Preyean |, 5-18-1990 [Lousiana | Black |) y 30 |

4 ef , « , | Johnny Garrett }}2-11-1992 || Texas —_|| White — | y

| | [7-1-1993 [Te | ]

Curtis H 7-1-1993 T Black 17 31

urtis Marris exas ac

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= “45 4 4 -* R -

Frederick Las™'e 28-199 Assour = !Biace ==

rm —— — - ry 24 4590 2 Te as ‘ atine

“hrs Buroe 12.7.1992 , Georgia vvnite 7 ?

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Robert A Carte 5-18-199¢ | exas back ~

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| Steve E Roacn 1-19-2000 |: Virgina | White | x 8

Gien C McGinnis | 41-25-2000 || Texas | Black | 1 2

- — a ——- ——§- ————— ——— SS SS —— ;

Gary . Graham 16-22-2000 || Texas Biack | 7 | 3€ |

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Geraid Lee Mitchel! 2001 exas Biack 3

http: www.wel.american.edu ‘humright deatnpenalty juy world-htm:

STANFUnw v. COM ky. 78)

Che asKy 7 SW 2d 781

empiovment or liner nardsnhip reasons

nevin \. STANFORD. Appetiant where those interviewec were nc* able tc

‘ pt rcpt out a° Wil, and were required

, len ns*rat tha ge S-rvice

COMMONWEALTH of +

A 4 AMS

Keniuck). Appeliee 99.4 Of

supreme Court of Kentucky

lefendant was convicted of murder

suGumy, robbery and receiving stolen prop

erty and sentenced to death by the Jeffer

son Circuit Court, Charles M. Leibson. J

ind defendant appealed. The Supreme

Court held that: (1) defendant was not

jeniec his constitutional right to fair trial

basis that jury was not selected from

representative cross section of community

dete fanAar ar ¢ "

eUuly ~ I e.endant & name irom con

fession of codetendant was sufficient to

protect his rights to fair trial] and to cross

examine incuipating witnesses, so that sev

erance of his trial from codefendant was

not required: and (3) statute providing for

waiver of juvenile court jurisdiction over

defendant and trial as an adult was not

unconsututionally applied to defendant

ii tirmed

1. Jury @131(17)

Death-qualifying question posed to po

tentia! jurors during jury selection process,

asking whether members of jury had per-

sonal conviction against imposing death

penalty such that under circumstances “‘in

this case or any other case” and regardless

of evidence, members of jury would not

consider imposition of death penalty, al-

though it could have been phrased better,

was not improper or prejudicia) based on

fact that judge plainly asked each juror

about his or her convictions in al! situations

not just case to be tried

2. Jury 33/4)

Trial court did not deny defendant, in

death penalty case, right to fair trial by

representative cross section of community,

by excusing potential jurors for medical,

5. Jury C33\4

Tria! court did not deny defendant. iz

death penait a St rie ;

representative cross section of communiti

by interviewing veniremen on second day

in alphabetical order, allegedly resulting

adding only those people to poo! whose las

name began with letters A-H. where de

fendant did not identify any distinctive

characteristics possessed by those who sur

names began with letters I-Z, and where

half of jurors who actually heard cases had

surnames beginning with letters 1-2. KRS

29 4.060

4. Jury 3312.1)

Exclusion of those veniremen opposed

to imposition of death penalty did not vio

late defendant's mght to fair tral »y repre

sentative cross section of community

recognizing prior overruling of Grigsby :

Mabry, 758 F.2d 226 (8th Cir

Trial court's refusal, in death penalty

case, to allow defense counse! to rehabili

tate potential jurors struck for cause due

to their stated inability to consider death

penalty, and refusal to ask each juror dur

ing limited in camera voir dire exhausting

list of questions posed by defendant and

codefendant, did not in any manner, direct

ly or by implication, hamper or impede de-

fendant’s attorney in his questioning dur-

ing genera! voir dire, or limit scope of such

examination in violation of defendant's

right to trial by impartial jury

6. Jury © 108

Seven jurors who indicated they would

not under any circumstances impose death

penalty were properly stricken for cause in

death peralty case, where jurors did not

voice mere qualms but stated unequivocally

that they could not impose death penalty

regardiess of circumstances presented

me lines

wre ei Be 4 es -———e

ee 8m ee fe eee

ii.

Tee

-—_—— --

;

(— ——e =

734 SOLTH WESTERN

7. Criminal Law @622.2')

Fact that Commonwealth decided to

lofan Sant 1

Seek Geath penalty against cele

joint trial with codefendant who was not

eligible for death penalty did not strip jury

¢ fy termir g }

fendar f either. was timate respor

sidie tor commission oO ‘rime as chargec

8. Criminal Law @622.2'9

Editing name of defendant from con

fession of codefendant. in murder prosecu

tion in which State sought death penalty

against jefendant but not against code

fendant was sufficient to protect defend

ant’s mght to fair trial and to cross-exan

ine inculpating witnesses, so that severing

defendant's trial from that of codefendant

was not required. where trial court did not

aliow Cefencant s nar to be mentioned by

pouce fficer wh w itnesse code fendant 5

confession and instead defendant was con

sistentiv referred to a some other per

9. Criminal Law @1169.7

W nether aar ’ , jefer ‘ant <

Tes rai w te lant was

err ° < ‘a eP« re ar™ e<¢ err r ar : aia

Even if admission into evidence of co

defendants confession witn defendant's

name edited from it constituted error, such

error was harmiess beyond a reasonable

doubt in view of fact that codefendant's

confession was cumulative in light of other

direct evidence of defendant's guilt in

death penalty case

11. Criminal Law @412.2(5)

By asking correctional officer's opinion

about sentence he would receive for mur

der and robbery -year-old defendant

against whom State sought death penalty

waived his mght to silence and to have

counsel present when asked by correctional

officer why he had resorted to killing vic

tim of his sexua! attacks, and thus state

ments made to correctiouai officer as to

why he killed victim were admissible in

death penalty prosecution. US.C.A. Const

Amends. 5. 6

‘ i ’

r - ‘

rt wy ;

STANFORD vy. COM k "83

} Che ask, Ta SW.ad 76)

; for whom States previous attempts to re OPINION OF THE COURT

| bahiitate } 1 uUnsu ‘cessfu KRS cits Kevin Staniora appeals fron nis sen

REPORTER, 2d SERIES

12. Criminal Law @=478(1), 986.63

,@stimony of f rmer Geath row sur

yr anc vice-chairman of State Coaiitio

Against the Death Penalty, during deat

penalty phase of murder trial, offere

mivigat ‘a admissible where wv

had no a ier or | rofessiona qua fica

tions to wliow him to offer opinion evider

and where main theme of witness testim:

n neerned fis OWN PHUOSOPNY adout Va

ue of death sentence not li-vear-old d.

tendant s character, prior record or circun

stances of offense. KRS 532.025

13. Witnesses @270(2)

Prosecutor's inquiry during cross-ex

amination of defendant's stepfather

death penalty case, whether stepfather wa

aware that murder victim was mother

smaii child, in retaliation for steptather s

statement on direct examination that

fendant was going to straighten out his lift

because he had a small child, had no rele

vancy or probative value and was inadmis

14. Criminal Law @730(3)

Prosecutor's improper inquiry dur

cross-examination of defendant's stepfa

ther in death penaity prosecution as

whether stepfather was aware that murder

victim was mother of small child, in retala

tion for stepfather's statement, as defens¢

witness, that defendant was going ¢t

straighten his life out because he had child

did not deny defendant fair trial, where

trial court's admonition to jury to disregard

information cured inflammatory nature of

Statement

15. Infants @68.7(3)

Evidence that of 56 grand jury refer

rals of juveniles in years 1975 through

1979, 68% were black ‘uveniles, a grout

that comprised only 30% of total number of

referrals to juvenile court, did not warrant

conclusion that race was in any way factor

in waiver process, so as to render juven:'«

court's waiver of jurisdiction unconstt!

tional as applied to defendant who was

years old at time of murder for which 5t.:

sought death penalty, where defendar

failed to show percentage of 56 grand Jur)

referrals that comprised repeat offenders

)

If. Infants 65.112

Notwitnstanaing district courts find

ng that defendant was amenable to treat

ment if properly done on long-term basis of

nevcenotnerapeutic intervention, tra! court

err i Getermining that it Was in

st interest of defendant and community

to waive juvenile court jurisdiction over

defendant and to allow defendant, who was

17 vears old at time of murder, sexual

assault and robbery, to be tried as an adu

thereby exposing defendant to death penal-

tv, where there was no program or treat

ment appropriate for defendant in state

juveniie justice system

17. Sodomy 6

Physical evidence and statements

made by defendant were sufficient to sup

port defendant's conviction for sodomy

18. Arrest @°63.4(7)

Probable cause existed to arrest de-

fendant for robbery and murder after po-

lice were informed by another juvenile who

was caught selling stolen cigarettes that

igarettes had been obtained from defend

ant who admitted stealing them from gas

station

19. Homicide €°354

Imposition of death penalty on defend

ant, who was 17-year-old juvenile at time

he committed offenses of murder, sodomy,

first-degree robbery and receiving stolen

property, was neither excessive nor dispro-

portionate to penalty imposed in similar

cases

Frank W. Heft, Jr., Chief Appellate De-

fender, Louisville, Daniel T. G

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