The Raoul Wallenberg Institute Compilation of Human Rights Instruments The Raoul Wallenberg Institute Human Rights Library Volume 40 The titles published in this series are listed at brill.nl/rawa The Raoul Wallenberg Institute Compilation of Human Rights Instruments Third, Revised Edition Edited by Göran Melander Gudmundur Alfredsson Leif Holmström LEIdEn • boston 2012 Library of Congress Cataloging-in-Publication data The Raoul Wallenberg Institute compilation of human rights instruments / edited by Goran Melander, Gudmundur Alfredsson, Leif Holmstrom. -- 3rd rev. ed. p. cm. -- (Raoul Wallenberg Institute human rights library ; 40) Isbn 978-90-04-22606-7 (pbk. : alk. paper) -- Isbn 978-90-04-22610-4 (e-book) 1. Human rights--sources. 2. Civil rights--sources. I. Melander, Göran, 1938- II. Alfredsson, Gudmundur. III. Holmström, Leif. IV. Raoul Wallenberg institutet för mänskliga rät- tigheter och humanitär rätt. K3238.R36 2012 341.4’8--dc23 2012013086 isbn 978 9004 22606 7 (paperback) isbn 978 9004 22620 4 (e-book) Copyright 2012 by Koninklijke brill nv, Leiden, The netherlands. Koninklijke brill nv incorporates the imprints brill, Global oriental, Hotei Publishing, idc Publishers and Martinus nijhoff Publishers. All rights reserved. no part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the pub- lisher. Authorization to photocopy items for internal or personal use is granted by Koninklijke brill nv provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood drive, suite 910, danvers ma 01923, usa. Fees are subject to change. This book is printed on acid-free paper. Table of Contents Introduction xi I. Universal Instruments – General Part 1 1. Universal Declaration of Human Rights 3 2. International Covenant on Economic, Social and Cultural Rights 11 3. Optional Protocol to the International Covenant on Economic, Social and Cultural Rights 23 4. International Covenant on Civil and Political Rights 33 5. Optional Protocol to the International Covenant on Civil and Political Rights 55 6. Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty 61 7. International Convention for the Protection of All Persons from Enforced Disappearance 65 8. Principles Relating to the Status of National Institutions for the Promotion and Protection of Human Rights (Paris Principles) 87 9. Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (Declaration on Human Rights Defenders) 91 10. Global Compact 99 II. Regional Instruments – General Part 101 1. Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) 103 2. Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms 121 vi Table of Contents 3. Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Securing Certain Rights and Freedoms Other Than Those Already Included in the Convention and in the First Protocol Thereto 125 4. Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Concerning the Abolition of the Death Penalty 129 5. Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms 133 6. Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms 137 7. Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances 141 8. European Social Charter (Revised) 145 9. Additional Protocol to the European Social Charter Providing for a System of Collective Complaints 177 10. American Convention on Human Rights “Pact of San José, Costa Rica” 183 11. Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador” 211 12. Protocol to the American Convention on Human Rights to Abolish the Death Penalty 223 13. African Charter on Human and Peoples’ Rights 225 14. Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights 243 15. Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa 253 III. Race 269 1. International Convention on the Elimination of All Forms of Racial Discrimination 271 IV. Women 285 1. Convention on the Elimination of All Forms of Discrimination against Women 287 Table of Contents vii 2. Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women 303 3. Declaration on the Elimination of Violence against Women 311 V. Religion 317 1. Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief 319 VI. Children 325 1. Convention on the Rights of the Child 327 2. Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Confl ict 351 3. Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography 359 VII. Minorities and Indigenous Peoples 369 1. Convention concerning Indigenous and Tribal Peoples in Independent Countries 371 2. Framework Convention for the Protection of National Minorities 387 3. United Nations Declaration on the Rights of Indigenous Peoples 397 4. The Lund Recommendations on the Effective Participation of National Minorities in Public Life 411 VIII. Refugees and Migrants 417 1. Convention Relating to the Status of Refugees 419 2. Protocol Relating to the Status of Refugees 439 3. OAU Convention Governing the Specifi c Aspects of Refugee Problems in Africa 443 4. Cartagena Declaration on Refugees 451 5. Regulation Establishing the Criteria and Mechanisms for Determining the Member State Responsible for Examining an Asylum Application Lodged in One of the Member States by a Third-Country National (Dublin Regulation) 457 6. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 479 viii Table of Contents IX. Disabled Persons 521 1. Convention on the Rights of Persons with Disabilities 523 2. Optional Protocol to the Convention on the Rights of Persons with Disabilities 553 X. Education 559 1. Convention against Discrimination in Education 561 XI. Labour Standards 569 1. Convention concerning Freedom of Association and Protection of the Right to Organise 571 2. Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively 579 3. Convention Concerning Forced or Compulsory Labour 585 4. Convention Concerning the Abolition of Forced Labour 597 5. Convention Concerning Minimum Age for Admission to Employment 601 6. Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour 611 7. Convention Concerning Equal Remuneration for Men and Women Workers for Work of Equal Value 617 8. Convention Concerning Discrimination in Respect of Employment and Occupation 623 9. ILO Declaration on Fundamental Principles and Rights at Work 629 XII. Torture 635 1. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 637 2. Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 653 3. European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment 669 XIII. Criminal Justice 679 1. Code of Conduct for Law Enforcement Offi cials 681 Table of Contents ix 2. Basic Principles on the Use of Force and Firearms by Law Enforcement Offi cials 689 3. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment 695 4. Basic Principles on the Independence of the Judiciary 705 5. Guidelines on the Role of Prosecutors 709 6. Basic Principles on the Role of Lawyers 715 7. Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power 721 XIV. International Crimes 727 1. Convention on the Prevention and Punishment of the Crime of Genocide 729 2. Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity 735 3. Rome Statute of the International Criminal Court 739 4. Protocol to Prevent, Suppress and Punish Traffi cking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime 827 5. Council of Europe Convention on Action against Traffi cking in Human Beings 839 XV. Intergovernmental Organizations 863 1. Charter of the United Nations 865 Introduction The Raoul Wallenberg Institute of Human Rights and Humanitarian Law is an academic institution formed in 1984 at the University of Lund, Sweden. The pur- pose of the Institute is to promote research, training and academic education in the broad fi eld of human rights. The Institute works in close cooperation with the Faculty of Law and other parts of Lund University, as well as with a number of academic institutions and international organizations dealing with human rights and humanitarian law. At Lund, the Raoul Wallenberg Institute administers undergraduate and graduate programmes in human rights. In addition to human rights, specialized master’s programmes focus on intellectual property rights and international la- bour standards. The master’s programmes are open to both Swedish and foreign students, mostly young lawyers and academics as well as offi cials with govern- ments and non-governmental organizations. In cooperation with the Swedish In- ternational Development Cooperation Agency (Sida), the Institute also organizes extensive academic programmes for the dissemination of human rights standards, democratic values and the rule of law, in Sweden and in several other countries. Research and publications are other areas given high priority. In 1997, The Raoul Wallenberg Institute Compilation of Human Rights In- struments was published by Martinus Nijhoff Publishers as the fi rst volume in the series “The Raoul Wallenberg Institute Human Rights Library”. In 2004, the second edition of that Compilation was published, and the present publication is the third, revised edition of the book. Since the second edition of the Compilation went out of print, major human rights treaties have entered, or are about to enter, into force, and a number of non- treaty instruments have been adopted. The dynamic development in international human rights law and the increasing number of instruments have brought about a revision in the selection of instruments to be included in this new edition of the Compilation. Like in the previous editions, the selection of instruments is based on the experience acquired by staff of the Raoul Wallenberg Institute; most of the texts reproduced are the subject of frequent references in courses, seminars and workshops organized by the Institute. The treaties and non-treaty instruments chosen, 71 altogether, are either universal or regional, some of them of general