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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... Vedi di più

Esame di Diritto dell'Unione Europea e Fondamenti di Diritto Internazionale docente Prof. L. Pineschi

Anteprima

ESTRATTO DOCUMENTO

(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.

Article 23

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

be punished.

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.

Article 24

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

enforced disappearance.

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:

(a) Restitution;

(b) Rehabilitation;

(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.

Article 25

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

disappearance.

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.

Part II

Article 26

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

and voting.

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

article.

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

appointment.

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.

Article 27

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.

Article 28

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.

Article 29

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.

Article 30

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

requests;

(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.

Article 31

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

declaration.

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

prolonged.

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.

Article 32

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

declaration.

Article 33

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

reasonable time.

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.

Article 34

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

United Nations.

Article 35

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

Article 36

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

United Nations.

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.

Part III

Article 37

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.

Article 38

1. This Convention is open for signature by all Member States of the

United Nations.

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.

Article 39

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.

Article 40

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.

Article 41

The provisions of this Convention shall apply to all parts of federal States

without any limitations or exceptions. 15


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DESCRIZIONE DISPENSA

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.


DETTAGLI
Corso di laurea: Corso di laurea magistrale in giurisprudenza (a ciclo unico)
SSD:
Università: Parma - Unipr
A.A.: 2008-2009

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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