Guide to International Human Rights Mechanisms - Brookings

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Go To Part I II III IV V to persons under domestic law. In particular, these Principles are without prejudice to the right to seek and enjoy asylum in other countries. PrinciPle 3 1. National authorities have the primary duty and responsibility to provide protection and humanitarian assistance to internally displaced persons within their jurisdiction. 2. Internally displaced persons have the right to request and to receive protection and humanitarian assistance from these authorities. They shall not be persecuted or punished for making such a request. PrinciPle 4 1. These Principles shall be applied without discrimination of any kind, such as race, colour, sex, language, religion or belief, political or other opinion, national, ethnic or social origin, legal or social status, age, disability, property, birth, or on any other similar criteria. 2. Certain internally displaced persons, such as children, especially unaccompanied minors, expectant mothers, mothers with young children, female heads of household, persons with disabilities and elderly persons, shall be entitled to protection and assistance required by their condition and to treatment which takes into account their special needs. SECTION. II. -. PRINCIPLES. RELATING. TO. PROTECTION. FROM. DISPLACEMENT PrinciPle 5 All authorities and international actors shall respect and ensure respect for their obligations under international law, including human rights and humanitarian law, in all circumstances, so as to prevent and avoid conditions that might lead to displacement of persons. PrinciPle 6 Annex 1 | The Guiding Principles on Internal Displacement 1. Every human being shall have the right to be protected against being arbitrarily displaced from his or her home or place of habitual residence. 2. The prohibition of arbitrary displacement includes displacement: (a) When it is based on policies of apartheid, “ethnic cleansing” or similar practices aimed at/or resulting in altering the ethnic, religious or racial composition of the affected population; (b) In situations of armed conflict, unless the security of the civilians involved or imperative military reasons so demand; (c) In cases of large-scale development projects, which are not justified by compelling and overriding public interests; (d) In cases of disasters, unless the safety and health of those affected requires their evacuation; and Guide to International Human Rights Mechanisms for Internally Displaced Persons and their Advocates 21
Go To Part I II III IV V (e) When it is used as a collective punishment. 3. Displacement shall last no longer than required by the circumstances. PrinciPle 7 Annex 1 | The Guiding Principles on Internal Displacement 1. Prior to any decision requiring the displacement of persons, the authorities concerned shall ensure that all feasible alternatives are explored in order to avoid displacement altogether. Where no alternatives exist, all measures shall be taken to minimize displacement and its adverse effects. 2. The authorities undertaking such displacement shall ensure, to the greatest practicable extent, that proper accommodation is provided to the displaced persons, that such displacements are effected in satisfactory conditions of safety, nutrition, health and hygiene, and that members of the same family are not separated. 3. If displacement occurs in situations other than during the emergency stages of armed conflicts and disasters, the following guarantees shall be complied with: (a) A specific decision shall be taken by a State authority empowered by law to order such measures; (b) Adequate measures shall be taken to guarantee to those to be displaced full information on the reasons and procedures for their displacement and, where applicable, on compensation and relocation; (c) The free and informed consent of those to be displaced shall be sought; (d) The authorities concerned shall endeavour to involve those affected, particularly women, in the planning and management of their relocation; (e) Law enforcement measures, where required, shall be carried out by competent legal authorities; and (f ) The right to an effective remedy, including the review of such decisions by appropriate judicial authorities, shall be respected. PrinciPle 8 Displacement shall not be carried out in a manner that violates the rights to life, dignity, liberty and security of those affected. PrinciPle 9 States are under a particular obligation to protect against the displacement of indigenous peoples, minorities, peasants, pastoralists and other groups with a special dependency on and attachment to their lands. Guide to International Human Rights Mechanisms for Internally Displaced Persons and their Advocates 21
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The Brookings insTiTuTion - univers
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aBouT The auThor David fisher is a
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Foreword by the Representative of t
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Acronyms and Abbreviations TreaTies
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Go To Part I II III IV V Table of C
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Introduction This guide is meant fo
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i. Background
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III. General Considerations in Usin
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IV. Thematic Roadmap
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CHILDREN Go To Part I II III IV V C
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EDUCATION Go To Part I II III IV V
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UN Bodies International Mechanisms
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Guide to International Human Rights Mechanisms - Brookings

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