Guide to International Human Rights Mechanisms - Brookings

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ACCESS.TO.THE.COURTS.AND.TO.IDENTIFICATION.AND.OTHER.
LEGAL..DOCUMENTS
IDPs have the right to be recognized everywhere as persons before the law (Guiding Principle
20). This means, among other things, that they are entitled to access to the courts. Also, they have
the right to be provided identification and other necessary legal documents (e.g. birth, marriage
or death certificates) without having to comply with unreasonable requirements, such as that they
return to the areas from which they have fled.
Issues of these kinds may be brought to the attention of:
at the universal level
• Special Rapporteur on the Independence of Judges and Lawyers (page 111)
• Representative of the Secretary-General on the Human Rights of Internally Displaced Persons
(page 61)
• Committee on the Rights of the Child (page 131), citing CRC art. 24 (right to identity)
• Human Rights Committee (page 120), citing CCPR art. 4
at the regional level
• African Commission (and Court) on Human and Peoples’ Rights (page 156), citing AfCHPR
art. 5
• Special Rapporteur of the African Commission on Human and Peoples’ Rights on Refugees,
Asylum Seekers and Displaced Persons (page 161)
• Inter-American Commission (and Court) on Human Rights (page 171), citing ACHR art. 3
and/or ADRDM art. 17
EXPRESSION,.OPINION,.INFORMATION,.BELIEF.AND.RELIGION
IDPs have the rights to hold opinions and express themselves (Guiding Principle 22). A corollary
of these rights is the right to freely seek and receive information – including information held by
public authorities. Similarly, they have the right to form and express religious beliefs and to practice
their religion.
Issues concerning these rights may generally be brought to the attention of:
at the universal level
Thematic Roadmap
• Special Rapporteur on Freedom of Opinion and Expression (page 87)
• Special Rapporteur on Freedom of Religion and Belief (page 86)
• Human Rights Committee (page 120), citing CCPR arts. 18 (religion) & 19 (opinion, expression,
and information)
Guide to International Human Rights Mechanisms
for Internally Displaced Persons and their Advocates
1