Feb 1, 1994 | Advocacy, Non-legal submissions
A group of 40 distinguished legal experts and media representatives, convened by the ICJ’s Centre for the Independence of Judges and Lawyers, and the Spanish Committee of UNICEF, met in Madrid, Spain, between 18 – 20 January 1994.
The objectives of the meeting were
- to examine the relationship between the media and judicial independence as guaranteed by the 1985 UN Basic Principles on the Independence of Judiciary;
- to formulate principles addressing the relationship between freedom of the expression and judicial independence.
The Basic Principle is as follows:
- Freedom of expression (including freedom of the media) constitutes one of the essential foundations of every society which claims to be democratic. It is the function and right of the media to gather and convey information to the public and to comment on the administration of justice, including cases before, during and after trial, without violating the presumption of innocence.
- This principle can only be departed from in the circumstances envisaged in the International Covenant on Civil and Political Rights, as interpreted by the 1984 Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights (U.N. Document E/CN.4/1984/4).
- The right to comment on the administration of justice shall not be subject to any special restrictions.
The document contains the Principles, an Annex: Strategies for Implementation, the List of Participants at the Seminar and extracts from the International Covenant on Civil and Political Rights (ICCPR) and from the Syracusa Principles on the Limitation and Derogation Provisions in the ICCPR.
Madrid Principles Media Judicial Independence-non-legal submission-1994-eng (full text in English, PDF)
Feb 1, 1994 | Advocacy, Non-legal submissions
The document consists of three parties. The first is a general review of the basic rules regarding reservations to treaties. The second part contains a country-by-country review, outlining the reservations made by Bangladesh, China, India, Indonesia, South Korea, Myanmar, Pakistan and Thailand. The third part contains conclusions, focusing on the best strategies for NGO advocacy with regard to these reservations to the Convention of the Rights of the Child.
Asia-Convention Rights of the Child-non-legal submission-1994-eng (full text in English, PDF)
Jan 1, 1988 | Advocacy, Non-legal submissions
Article by Niall MacDermot, Secretary-General of the ICJ, who first outlines the contents and history of the Universal Declaration of Human Rights. He then describes the contribution of NGOs to the United Nations and regional mechanisms, in terms of standard-setting and interventions on violations.
Reprint from the book “Human rights in the changing world”, published by the International Law Association Regional Branch (India) and edited by E.S. Venkataramiah.
Role NGOs human rights-non-legal submission-1988-eng (full text in English, PDF)
Aug 1, 1976 | Advocacy, Non-legal submissions
In response to the request contained in Resolution 7 (XXVII) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities the ICJ circulated to members of the Commission at their meeting in 1975 a Memorandum relating to “The human rights of persons in detention or imprisonment”.
By Resolution 4 (XXVIII) the Sub-Commission requested the Secretary-General of the United Nations to invite (inter alia) non-governmental organisations to furnish information, in particular about the matters referred to in paragraphs 2 and 3 of that Resolution.
The ICJ respectfully draws the attention of the Sub-Commission to the information already contained in its 1975 Memorandum.
In addition, it circulates herewith a further Memorandum consisting mainly of statements made by victims of torture and other ill-treatment in various parts of the world, relating to the matters referred to in the above Resolution.
violations of human rights of persons in detention-non legal submission-1976-eng (full text in English, PDF)
May 1, 1975 | Advocacy, Non-legal submissions
In response to Resolution 7 (XXVII) (of the Sub-Commission on Prevention of Discrimination and Protection of Minorities), the ICJ submits the attached summary of developments in the field of the human rights of persons subjected to any form of detention or imprisonment.
The object of this material is not to suggest material for findings as to whether or not the rights of detainees and prisoners are being or have been violated in any particular country. Rather, the aim is to aid the Sub-Commission in determining the patterns of violations that have developed in several countries and the conditions which permit such violations, with a view to recommending measures which would prevent their occurrence.
Information compiled by the ICJ in recent years shows that the most frequently violated rights of detained persons are in fact those listed in the preamble of Sub-Commission Resolution 7 (XXVII).
In Part I we draw attention to certain problems relating to the enjoyment of these rights which, according to our files, seem to arise repeatedlyin many countries in all regions and under all regimes. Examples are provided, but they are only illustrative and in no way indicate that only in those countries are such problems known to occur.
Some of the situations mentioned have changed considerably and the practices described have ceased in those places; however, such information about the recent past can be of assistance in determining what measures could correct or prevent similar occurrences today and in the future.
Part II contains suggested measures which the Sub-Commission may wish to consider in connection with these materials. Included are proposals for judicial and administrative procedures which, if adopted, might help to prevent the occurrence of torture and other violations of detainees’ and prisoners’ rights; these proposals have also been submitted to the Fifth U.N. Congress on Prevention of Crime and Treatment of Offenders.
Further details on questions discussed below can be made available by the International Commission of Jurists; in particular, documents mentioned in the footnotes contain much relevant information.
human rights of persons in detention-non legal submissions-1975-eng (full text in English, PDF)
Dec 1, 1958 | Advocacy, Non-legal submissions
A statement by the German national section of the International Commission of Jurists, published by the ICJ.
The statement consists of answers to a series of questions. The questions were posed by the ICJ and answered on behalf of the German section by ten of its prominent members.
The questions cover the following themes:
- Administrative authorities and the law
- The legislative and the law
- The judiciary and the law
- The legal profession and the law
- The individual and the legal process.
Germany-rule of law-non-legal submission-1958-eng (full text in English, PDF)