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REPORT OF THE WORKING GROUP ON THE ISSUE OF HUMAN RIGHTS AND TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES : ADDENDUM
Other allegations presented to the Working Group included the use of permanent replacements for workers exercising their legal right to strike; the denial of access to the workplace for union representatives; the denial for public workers and supervisors of the right to form trade unions and bargain collectively (outside the narrow exceptions allowed for by the right to freedom of association); the widespread denial in practice of adequate protection and remedies for undocumented immigrant workers, who risk intimidation and dismissal for seeking to join a trade union. 43. (...) Civil society organizations stressed the need to strengthen access to remedies for human rights abuses linked to United States business activities, both within and outside the country.38 The Working Group received information about legal and practical barriers to access to remedy and heard complaints that the United States has not ensured that victims have access to judicial remedies for human rights abuses that have arisen extraterritorially owing to the activities of United States businesses or their subsidiaries. 63. Much of the debate over judicial remedies in the United States has focused on the Alien Tort Statute.39 The visit of the Working Group took place just a few days after the United States Supreme Court had issued a ruling in Kiobel v.
язык:Ру́сский
счет: 736418.3 - daccess-ods.un.org/acce...en&DS=A/HRC/26/25/ADD.4&Lang=R
Источник данных: ods
REPORT OF THE WORKING GROUP ON ENFORCED OR INVOLUNTARY DISAPPEARANCES ON ENFORCED DISAPPEARANCES IN THE CONTEXT OF MIGRATION : NOTE / BY THE SECRETARIAT
A/HRC/36/39/Add.2 12 GE.17-12900 they suffer; the lack of remedies; the prevailing impunity; the impact of inappropriate migratory, security and counter-terrorism policies; and the lack of available data and statistics thereon. 1. (...) The Working Group has observed that the lack of effective protection of certain economic, social and cultural rights can be a contributing factor to enforced disappearances, insofar as those who live in poverty and lack the enjoyment of a number of economic, social and cultural rights are more vulnerable to enforced disappearances.67 In addition, effective protection schemes and judicial remedies are often not available for those who are undocumented. 49.
язык:Ру́сский
счет: 736418.3 - https://daccess-ods.un.org/acc...en&DS=A/HRC/36/39/ADD.2&Lang=R
Источник данных: ods
REPORT OF THE SPECIAL RAPPORTEUR ON ADEQUATE HOUSING AS A COMPONENT OF THE RIGHT TO AN ADEQUATE STANDARD OF LIVING, AND ON THE RIGHT TO NON-DISCRIMINATION IN THIS CONTEXT, MILOON KOTHARI : ADDENDUM
Courts have recognized that the broadly framed rights to equality and to “life, liberty and security of the person” in sections 15 and 7 of the Canadian Charter respectively provide considerable scope for courts to provide effective remedies to violations of the right to adequate housing in Canada.2 8. (...) This principle offers important potential for providing effective remedies with respect to the right to adequate housing in Canada. (...) It contains commitments to ensure access to affordable and appropriate housing and recognizes the need for effective remedies by including a complaints mechanism to an ombudsperson.
язык:Ру́сский
счет: 736418.3 - daccess-ods.un.org/acce...pen&DS=A/HRC/10/7/ADD.3&Lang=R
Источник данных: ods
THE RIGHT TO FOOD : REPORT OF THE SPECIAL RAPPORTEUR ON THE RIGHT TO FOOD, JEAN ZIEGLER : ADDENDUM
Participation, accountability and access to effective remedies should be ensured at all times and at all levels of the implementation of the right to food. (...) In the continued absence of strong human rights institutions and judicial remedies, the importance of Ethiopia’s non-governmental organizations working on the monitoring of human rights must be underlined.
язык:Ру́сский
счет: 736418.3 - daccess-ods.un.org/acce...DS=E/CN.4/2005/47/ADD.1&Lang=R
Источник данных: ods
REPORT OF THE SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN, ITS CAUSES AND CONSEQUENCES, RASHIDA MANJOO :ADDENDUM
HIV/AIDS ............................................................................................ 62–65 15 F. Lack of effective remedies ................................................................... 66–86 16 VII. (...) The objective of this visit was to examine the situation of violence against women in the country taking into account its causes and consequences, and the State responses to prevent such violence, protect and provide remedies to women who have been subjected to such violence, and to prosecute and punish the perpetrators. 2. (...) The Zambia Law Development Commission while undertaking research for the development of comprehensive legislation to combat gender-based violence found it “very difficult to obtain useful data to show the extent of the problem”.29 It was, therefore, unable to fully ascertain whether the rise in reported cases was due to a rise in crime, or to increased awareness of rights and remedies and thus increased reporting of violence, and also whether interventions put in place have been effective.
язык:Ру́сский
счет: 736418.3 - https://daccess-ods.un.org/acc...en&DS=A/HRC/17/26/ADD.4&Lang=R
Источник данных: ods
REPORT OF THE SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN, ITS CAUSES AND CONSEQUENCES, RASHIDA MANJOO :ADDENDUM
The present section examines the measures taken by the Government of the United Kingdom to fulfil its international obligations, and also the challenges it faces to prevent, investigate, prosecute and punish violence against women, as well as to protect victims and provide them with effective remedies. 65 See www.fawcettsociety.org.uk/our-work/issues/attitudes-media-culture/. 66 Ibid. 67 Ibid. 68 See www.engender.org.uk/content/publications/Gender-equality-and--Scotlands-constitutional- futures.pdf, p. 34.
язык:Ру́сский
счет: 736418.3 - https://daccess-ods.un.org/acc...en&DS=A/HRC/29/27/ADD.2&Lang=R
Источник данных: ods
REPORT OF THE SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN, ITS CAUSES AND CONSEQUENCES ON HER MISSION TO ISRAEL :NOTE / BY THE SECRETARIAT
While recognizing the imperatives related to security and stability in the region, the Special Rapporteur highlights the clear linkage between the prolonged occupation and violence against women, and she notes, like her predecessor, that the occupation does not exonerate the State of Palestine from its due human rights obligation to prevent, investigate, punish and provide remedies for acts of gender-based violence in the areas and for persons under its jurisdiction or effective control.
язык:Ру́сский
счет: 736418.3 - https://daccess-ods.un.org/acc...en&DS=A/HRC/35/30/ADD.1&Lang=R
Источник данных: ods
SEVENTH REPORT ON DIPLOMATIC PROTECTION / BY JOHN DUGARD, SPECIAL RAPPORTEUR
Организация Объединенных Наций A/CN.4/567 Генеральная Ассамблея Distr.: General 7 March 2006 Russian Original: English 06-26285 (R) 050406
язык:Ру́сский
счет: 734606.2 - daccess-ods.un.org/acce.../get?open&DS=A/CN.4/567&Lang=R
Источник данных: ods
PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS, CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT :WRITTEN SUBMISSION BY THE GANHRI (GLOBAL ALLIANCE OF NATIONAL HUMAN RIGHTS INSTITUTIONS) : NOTE / BY THE SECRETARIAT
Climate justice requires that those most affected by climate change have access to effective remedies, including financial support. Efforts to address climate change must leave no one behind. 4.
язык:Ру́сский
счет: 733274.1 - https://daccess-ods.un.org/acc...?open&DS=A/HRC/46/NI/11&Lang=R
Источник данных: ods
REPORT OF THE WORKING GROUP ON THE ISSUE OF HUMAN RIGHTS AND TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES : ADDENDUM
It was stressed that access to effective remedies for victims of human rights abuse was a critical component of any legal system and of all the core international human rights treaties. (...) As part of the project it was leading on enhancing accountability and access to remedy in cases of business involvement in human rights abuses, OHCHR had commissioned a study on corporate liability for gross human rights abuses and ways to move towards a fairer and more effective system of domestic law remedies. In brief, the study, which examined a number of jurisdictions, found that: 8 (a) The expanding net of liability was not yet translating into an effective system of remedies in practice; (b) The current tendency of litigants to favour action in foreign courts was costly and inefficient and might have adverse consequences in the longer term; (c) There were uneven levels of legal protection and inequalities in the ability of victims to access justice; (d) There was currently a lack of legal certainty for both victims and companies; (e) There was lack of a level playing field for companies. 33. The ongoing consultative multi-stakeholder process was addressing several aspects, including: (a) Clarification of the various tests for corporate liability currently applied in different jurisdictions; (b) Roles and responsibilities of interested States in relation to standard-setting and enforcement; (c) Identification of good State practice in relation to three key areas of focus: (i) Funding for legal claims; (ii) Criminal law sanctions (corporate legal responsibility, innovative practice in different jurisdictions); (iii) Civil law remedies; (d) The practice of domestic prosecution bodies (why cases were not taken up even if the domestic institution was in place). 8 The slides from the presentation are available from www.ohchr.org/EN/Issues/ Business/Forum/Pages/Statements.aspx.
язык:Ру́сский
счет: 725979.05 - daccess-ods.un.org/acce...en&DS=A/HRC/29/28/ADD.2&Lang=R
Источник данных: ods