Sparizioni forzate - Carta ONU
(c) Refusal to provide information on the deprivation of liberty of a
person, or the provision of inaccurate information, even though the legal
requirements for providing such information have been met.
1. Each State Party shall ensure that the training of law enforcement
personnel, civil or military, medical personnel, public officials and other persons
who may be involved in the custody or treatment of any person deprived of
liberty includes the necessary education and information regarding the relevant
provisions of this Convention, in order to:
(a) Prevent the involvement of such officials in enforced disappearances;
(b) Emphasize the importance of prevention and investigations in
relation to enforced disappearances;
(c) Ensure that the urgent need to resolve cases of enforced
disappearance is recognized.
2. Each State Party shall ensure that orders or instructions prescribing,
authorizing or encouraging enforced disappearance are prohibited. Each State
Party shall guarantee that a person who refuses to obey such an order will not
3. Each State Party shall take the necessary measures to ensure that
the persons referred to in paragraph 1 of this article who have reason to
believe that an enforced disappearance has occurred or is planned report the
matter to their superiors and, where necessary, to the appropriate authorities or
bodies vested with powers of review or remedy.
1. For the purposes of this Convention, “victim” means the disappeared
person and any individual who has suffered harm as the direct result of an
2. Each victim has the right to know the truth regarding the
circumstances of the enforced disappearance, the progress and results of the
investigation and the fate of the disappeared person. Each State Party shall
take appropriate measures in this regard.
3. Each State Party shall take all appropriate measures to search for,
locate and release disappeared persons and, in the event of death, to locate,
respect and return their remains.
4. Each State Party shall ensure in its legal system that the victims of
enforced disappearance have the right to obtain reparation and prompt, fair
and adequate compensation.
5. The right to obtain reparation referred to in paragraph 4 of this article
covers material and moral damages and, where appropriate, other forms of
reparation such as:
(c) Satisfaction, including restoration of dignity and reputation;
(d) Guarantees of non-repetition. 9
6. Without prejudice to the obligation to continue the investigation until
the fate of the disappeared person has been clarified, each State Party shall
take the appropriate steps with regard to the legal situation of disappeared
persons whose fate has not been clarified and that of their relatives, in fields
such as social welfare, financial matters, family law and property rights.
7. Each State Party shall guarantee the right to form and participate
freely in organizations and associations concerned with attempting to establish
the circumstances of enforced disappearances and the fate of disappeared
persons, and to assist victims of enforced disappearance.
1. Each State Party shall take the necessary measures to prevent and
punish under its criminal law:
(a) The wrongful removal of children who are subjected to enforced
disappearance, children whose father, mother or legal guardian is subjected to
enforced disappearance or children born during the captivity of a mother
subjected to enforced disappearance;
(b) The falsification, concealment or destruction of documents attesting
to the true identity of the children referred to in subparagraph (a) above.
2. Each State Party shall take the necessary measures to search for
and identify the children referred to in paragraph 1 (a) of this article and to
return them to their families of origin, in accordance with legal procedures and
applicable international agreements.
3. States Parties shall assist one another in searching for, identifying
and locating the children referred to in paragraph 1 (a) of this article.
4. Given the need to protect the best interests of the children referred to
in paragraph 1 (a) of this article and their right to preserve, or to have re-
established, their identity, including their nationality, name and family relations
as recognized by law, States Parties which recognize a system of adoption or
other form of placement of children shall have legal procedures in place to
review the adoption or placement procedure, and, where appropriate, to annul
any adoption or placement of children that originated in an enforced
5. In all cases, and in particular in all matters relating to this article, the
best interests of the child shall be a primary consideration, and a child who is
capable of forming his or her own views shall have the right to express those
views freely, the views of the child being given due weight in accordance with
the age and maturity of the child.
1. A Committee on Enforced Disappearances (hereinafter referred to as
“the Committee”) shall be established to carry out the functions provided for
under this Convention. The Committee shall consist of ten experts of high
moral character and recognized competence in the field of human rights, who
shall serve in their personal capacity and be independent and impartial. The
members of the Committee shall be elected by the States Parties according to
equitable geographical distribution. Due account shall be taken of the 10
usefulness of the participation in the work of the Committee of persons having
relevant legal experience and of balanced gender representation.
2. The members of the Committee shall be elected by secret ballot from
a list of persons nominated by States Parties from among their nationals, at
biennial meetings of the States Parties convened by the Secretary-General of
the United Nations for this purpose. At those meetings, for which two thirds of
the 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
3. The initial election shall be held no later than six months after the
date of entry into force of this Convention. Four months before the date of each
election, the Secretary-General of the United Nations shall address a letter to
the States Parties inviting them to submit nominations within three months. The
Secretary-General shall prepare a list in alphabetical order of all persons thus
nominated, indicating the State Party which nominated each candidate, and
shall submit this list to all States Parties.
4. The members of the Committee shall be elected for a term of four
years. They shall be eligible for re-election once. However, 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 referred to in paragraph 2 of this
5. If a member of the Committee dies or resigns or for any other reason
can no longer perform his or her Committee duties, the State Party which
nominated him or her shall, in accordance with the criteria set out in
paragraph 1 of this article, appoint another candidate from among its nationals
to serve out his or her term, subject to the approval of the majority of the States
Parties. Such approval shall be considered to have been obtained unless half
or more of the States Parties respond negatively within six weeks of having
been informed by the Secretary-General of the United Nations of the proposed
6. The Committee shall establish its own rules of procedure.
7. The Secretary-General of the United Nations shall provide the
Committee with the necessary means, staff and facilities for the effective
performance of its functions. The Secretary-General of the United Nations shall
convene the initial meeting of the Committee.
8. The members of the Committee shall be entitled 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.
9. Each State Party shall cooperate with the Committee and assist its
members in the fulfilment of their mandate, to the extent of the Committee’s
functions that the State Party has accepted.
A Conference of the States Parties will take place at the earliest four years
and at the latest six years following the entry into force of this Convention to
evaluate the functioning of the Committee and to decide, in accordance with 11
the procedure described in article 44, paragraph 2, whether it is appropriate to
transfer to another body — without excluding any possibility — the monitoring
of this Convention, in accordance with the functions defined in articles 28 to 36.
1. In the framework of the competencies granted by this Convention,
the Committee shall cooperate with all relevant organs, offices and specialized
agencies and funds of the United Nations, with the treaty bodies instituted by
international instruments, with the special procedures of the United Nations
and with the relevant regional intergovernmental organizations or bodies, as
well as with all relevant State institutions, agencies or offices working towards
the protection of all persons against enforced disappearances.
2. As it discharges its mandate, the Committee shall consult other treaty
bodies instituted by relevant international human rights instruments, in
particular the Human Rights Committee instituted by the International Covenant
on Civil and Political Rights, with a view to ensuring the consistency of their
respective observations and recommendations.
1. Each State Party shall submit to the Committee, through the
Secretary-General of the United Nations, a report on the measures taken to
give effect to its obligations under this Convention, within two years after the
entry into force of this Convention for the State Party concerned.
2. The Secretary-General of the United Nations shall make this report
available to all States Parties.
3. Each report shall be considered by the Committee, which shall issue
such comments, observations or recommendations as it may deem
appropriate. The comments, observations or recommendations shall be
communicated to the State Party concerned, which may respond to them, on its
own initiative or at the request of the Committee.
4. The Committee may also request States Parties to provide additional
information on the implementation of this Convention.
1. A request that a disappeared person should be sought and found
may be submitted to the Committee, as a matter of urgency, by relatives of the
disappeared person or their legal representatives, their counsel or any person
authorized by them, as well as by any other person having a legitimate interest.
2. If the Committee considers that a request for urgent action submitted
in pursuance of paragraph 1 of this article:
(a) Is not manifestly unfounded;
(b) Does not constitute an abuse of the right of submission of such
(c) Has already been duly presented to the competent bodies of the
State Party concerned, such as those authorized to undertake investigations,
where such a possibility exists;
(d) Is not incompatible with the provisions of this Convention; and 12
(e) The same matter is not being examined under another procedure of
international investigation or settlement of the same nature;
it shall request the State Party concerned to provide it with information on the
situation of the persons sought, within a time limit set by the Committee.
3. In the light of the information provided by the State Party concerned
in accordance with paragraph 2 of this article, the Committee may transmit
recommendations to the State Party, including a request that the State Party
should take all the necessary measures, including interim measures, to locate
and protect the person concerned in accordance with this Convention and to
inform the Committee, within a specified period of time, of measures taken,
taking into account the urgency of the situation. The Committee shall inform the
person submitting the urgent action request of its recommendations and of the
information provided to it by the State as it becomes available.
4. The Committee shall continue its efforts to work with the State Party
concerned for as long as the fate of the person sought remains unresolved.
The person presenting the request shall be kept informed.
1. A State Party may at the time of ratification of this Convention or at
any time afterwards declare that it recognizes the competence of the
Committee to receive and consider communications from or on behalf of
individuals subject to its jurisdiction claiming to be victims of a violation by this
State Party of provisions of this Convention. The Committee shall not admit any
communication concerning a State Party which has not made such a
2. The Committee shall consider a communication inadmissible where:
(a) The communication is anonymous;
(b) The communication constitutes an abuse of the right of submission of
such communications or is incompatible with the provisions of this Convention;
(c) The same matter is being examined under another procedure of
international investigation or settlement of the same nature; or where
(d) All effective available domestic remedies have not been exhausted.
This rule shall not apply where the application of the remedies is unreasonably
3. If the Committee considers that the communication meets the
requirements set out in paragraph 2 of this article, it shall transmit the
communication to the State Party concerned, requesting it to provide
observations and comments within a time limit set by the Committee.
4. At any time after the receipt of a communication and before a
determination on the merits has been reached, the Committee may transmit to
the State Party concerned for its urgent consideration a request that the State
Party will take such interim measures as may be necessary to avoid possible
irreparable damage to the victims of the alleged violation. Where the
Committee exercises its discretion, this does not imply a determination on
admissibility or on the merits of the communication.
5. The Committee shall hold closed meetings when examining
communications under the present article. It shall inform the author of a
communication of the responses provided by the State Party concerned. When 13
the Committee decides to finalize the procedure, it shall communicate its views
to the State Party and to the author of the communication.
A State Party to this Convention may at any time declare that it recognizes
the competence of the Committee to receive and consider communications in
which a State Party claims that another State Party is not fulfilling its
obligations under this Convention. The Committee shall not receive
communications concerning a State Party which has not made such a
declaration, nor communications from a State Party which has not made such a
1. If the Committee receives reliable information indicating that a State
Party is seriously violating the provisions of this Convention, it may, after
consultation with the State Party concerned, request one or more of its
members to undertake a visit and report back to it without delay.
2. The Committee shall notify the State Party concerned, in writing, of
its intention to organize a visit, indicating the composition of the delegation and
the purpose of the visit. The State Party shall answer the Committee within a
3. Upon a substantiated request by the State Party, the Committee may
decide to postpone or cancel its visit.
4. If the State Party agrees to the visit, the Committee and the State
Party concerned shall work together to define the modalities of the visit and the
State Party shall provide the Committee with all the facilities needed for the
successful completion of the visit.
5. Following its visit, the Committee shall communicate to the State
Party concerned its observations and recommendations.
If the Committee receives information which appears to it to contain well-
founded indications that enforced disappearance is being practised on a
widespread or systematic basis in the territory under the jurisdiction of a State
Party, it may, after seeking from the State Party concerned all relevant
information on the situation, urgently bring the matter to the attention of the
General Assembly of the United Nations, through the Secretary-General of the
1. The Committee shall have competence solely in respect of enforced
disappearances which commenced after the entry into force of this Convention.
2. If a State becomes a party to this Convention after its entry into force,
the obligations of that State vis-à-vis the Committee shall relate only to
enforced disappearances which commenced after the entry into force of this
Convention for the State concerned. 14
1. The Committee shall submit an annual report on its activities under
this Convention to the States Parties and to the General Assembly of the
2. Before an observation on a State Party is published in the annual
report, the State Party concerned shall be informed in advance and shall be
given reasonable time to answer. This State Party may request the publication
of its comments or observations in the report.
Nothing in this Convention shall affect any provisions which are more
conducive to the protection of all persons from enforced disappearance and
which may be contained in:
(a) The law of a State Party;
(b) International law in force for that State.
1. This Convention is open for signature by all Member States of the
2. This Convention is subject to ratification by all Member States of the
United Nations. Instruments of ratification shall be deposited with the
Secretary-General of the United Nations.
3. This Convention is open to accession by all Member States of the
United Nations. Accession shall be effected by the deposit of an instrument of
accession with the Secretary-General.
1. This Convention shall enter into force on the thirtieth day after the
date of deposit with the Secretary-General of the United Nations of the
twentieth instrument of ratification or accession.
2. For each State ratifying or acceding to this Convention after the
deposit of the twentieth instrument of ratification or accession, this Convention
shall enter into force on the thirtieth day after the date of the deposit of that
State’s instrument of ratification or accession.
The Secretary-General of the United Nations shall notify all States
Members of the United Nations and all States which have signed or acceded to
this Convention of the following:
(a) Signatures, ratifications and accessions under article 38;
(b) The date of entry into force of this Convention under article 39.
The provisions of this Convention shall apply to all parts of federal States
without any limitations or exceptions. 15
+1 anno fa
La dispensa fa riferimento alle lezioni di Diritto dell'Unione Europea e fondamenti di Diritto Internazionale tenute dalla Prof. ssa Laura Pineschi nell'anno accademico 2008.
Il documento riporta il testo in inglese della Convenzione delle Nazioni Unite sulle sparizioni forzate. Il testo si compone di un preambolo e 45 articoli.
I contenuti di questa pagina costituiscono rielaborazioni personali del Publisher Atreyu di informazioni apprese con la frequenza delle lezioni di Diritto dell'Unione Europea e Fondamenti di Diritto Internazionale e studio autonomo di eventuali libri di riferimento in preparazione dell'esame finale o della tesi. Non devono intendersi come materiale ufficiale dell'università Parma - Unipr o del prof Pineschi Laura.
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