Question of the human rights of all persons subjected to any form of detention or imprisonment : the implications for human rights of situations known as states of siege or emergency.
| Publisher | UN Commission on Human Rights |
| Author | UN Commission on Human Rights (39th sess. : 1983 : Geneva) |
| Publication Date | 22 February 1983 |
| Citation / Document Symbol | E/CN.4/RES/1983/18 |
| Reference | 39 |
| Cite as | UN Commission on Human Rights, Question of the human rights of all persons subjected to any form of detention or imprisonment : the implications for human rights of situations known as states of siege or emergency., 22 February 1983, E/CN.4/RES/1983/18, available at: https://www.refworld.org/docid/3b00f08960.html [accessed 23 October 2022] |
1983/18. Question of the human rights of all persons subjected to any form of detention or imprisonment - The implications for human rights of situations known as states of siege or emergency[1]49
The Commission on Human Rights, Recalling the Universal Declaration of Human Rights, which guarantees every individual equal protection under the law and the right to an effective remedy by the competent national tribunals for acts violating fundamental human rights, Recalling Economic and Social Council resolution 1979/34 of 10 May 1979 authorizing a special rapporteur of the Sub-Commission to study the implications for human rights of situations known as states of siege or emergency, Expressing its appreciation to Mrs. Nicole Questiaux, Special Rapporteur of the Sub-Commission, for her excellent study on this question,[2]50 Recognizing that the existence of a state of siege or emergency may affect the enjoyment of human rights, including those rights which are described as inalienable in article 4 of the International Covenant on Civil and Political Rights, Endorsing the general principle of law reflected in article 4 of the International Covenant on Civil and Political Rights, according to which certain rights and fundamental freedoms may not be infringed upon even during a state of siege or emergency, Noting that the Sub-Commission has whole-heartedly endorsed the Special Rapporteur's conclusions, and sharing the Sub-Commission's appreciation for her study, Sharing the concern expressed by the Secretary-General in his address to the Commission on 15 February 1983 regarding the implications which states of siege or emergency may have for the enjoyment of human rights,1. Requests the Secretary-General:
(a) To invite Governments, the relevant organs of the United Nations, the specialized agencies and the regional intergovernmental and non-governmental organizations concerned to submit to him their comments, if any, on the report of the Special Rapporteur;
(b) To compile these comments and to forward them to the Sub-Commission at its thirty-sixth session and to the Commission at its fortieth session;
2. Requests the Sub-Commission at its thirty-sixth session to give further attention to the study of the Special Rapporteur and, taking into account those comments already provided at that time in accordance with paragraph 1 above, to propose for the Commission's consideration at its fortieth session measures designed to ensure the respect throughout the world of human rights and fundamental freedoms in situations where states of siege or emergency exist, especially of those rights referred to in article 4, paragraph 2, of the International Covenant on Civil and Political Rights;
3. Decides to give urgent priority at its fortieth session to the question of the implications for human rights of situations of siege or emergency.
[1]49 Adopted at the 32nd meeting, on 22 February 1983, without a vote. See chap. VIII. [2]50 E/CN.4/Sub.2/1982/15.
