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Article 7 is also relevant to the protection of rights of disabled persons. The article states: "no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." It further provides that "no one shall be subjected without his or her free consent to medical or scientific experimentation." Article 9 (1) provides that everyone has the right to liberty and security of person, and that no one shall be subject to arbitrary arrest or detention. This article is of relevance to persons with mental disabilities who may be susceptible to arbitrary arrest and detention in breach of article 9 (1) and / or who may not be fully informed of the reasons for his or her arrest in breach of article 9 (2). Furthermore, this article is of relevance to those who may be unable intellectually to take proceedings in a court to challenge the lawfulness of his or her detention in breach of article 9 (4). Article 17 (1) states that "no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour or reputation." Article 23 (2) recognises the right of men and women of marriageable age to marry and to found a family. It could be argued that this right is violated when mentally disabled persons are compulsorily sterilised and compulsory institutionalised. Article 25 establishes the right of everyone "to take part in the conduct of public affairs, directly or through freely chosen representatives, to vote and be elected at periodic elections and to have access, on equal terms, to public service in his (or her) country." These rights apply without any of the distinctions mentioned in article 2 and without unreasonable restrictions. Unreasonable restrictions may include inadequate access to polling booths for disabled persons. Another important provision, which relates to disability is article 26 embodying the customary principle of equality and non-discrimination. Article 26 states: "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 such ground as (...) birth or other status." (emphasis added). Disability is clearly an other status for the purposes of this provision.
report be submitted. In most of those cases, the States Parties are requested to submit the reports within three months. The reports are then considered by the Committee at the next scheduled session. Concluding comments may include a provision whereby the Secretary General of the United Nations is requested to bring grave human rights violations to the attention of the competent organs of the UN, including the Security Council.
measures towards meeting their obligations, or taking discriminatory measures, or measures that are retrograde instead of progressive, would constitute violations of the Covenant. The theory of minimum core obligations also leads to the violation approach to economic, social and cultural rights. According to this theory, States are obliged to ensure minimum levels of each right, irrespective of their level of development (The Committee's General Comment 3 explains States' implementation obligations in detail). In fact, a UN working group has been working on an Optional Protocol instituting a complaints mechanism for the ICESCR.
MANUAL ON HUMAN RIGHTS REPORTING UNDER SIX MAJOR INTERNATIONAL HUMAN RIGHTS INSTRUMENTS UNITED NATIONS Geneva, 1997 The promotion of the respect for human rights is one of the essential purposes of the United Nations. The commitment to promoting and encouraging respect for human rights and for fundamental freedoms for all with out distinction as to race, sex, language or religion, as stated in the Charter of the United Nations, has guided the Organization in its efforts towards setting and implementing standards in the area of international human rights. The system of periodic reporting established within the context of all major international human rights instruments is the central element in monitoring the full and effective national implementation of international human rights standards. The reports submitted to independent expert bodies are expected to provide comprehensive information on the measures taken by a government to fulfil its commitments resulting from the ratification of or accession to a particular human rights convention. The reporting procedure establishes a governments international accountability with regard to its human rights responsibilities.