Примеры использования General comment should на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
Mr. O'Flaherty observed that the general comment should also cover restrictions which were excessively broad.
That State would no doubt wish to make a reservation to paragraph 1 and the general comment should allow it to do so.
The term used in the general comment should be the same as that used in both articles of the Convention in every language.
Mr. Kälin, speaking as the rapporteur for the draft general comment on article 14,recalled that the Committee had decided that the general comment should bring out the links between article 14 and other relevant articles of the Covenant.
The general comment should not come across as professorial but instead as an authoritative document proceeding from the Committee itself.
The implementation of the recommendations of the general comment should now be a matter of the utmost priority.
The draft general comment should set out principles, rather than facts, and should not therefore merely summarize the Committee's jurisprudence.
Mr. Lallah, responding to a point raised by Ms. Chanet,said that the general comment should use the same terms as the Covenant, namely"public morals""moralité publique" in French.
The general comment should show that, while the Committee's Views on communications did not have the binding force of res judicata, they did have the force of a finding.
Second, he agreed with Mr. Wennergren that the general comment should lay greater emphasis on the issue of community with others.
The general comment should also give due attention to data protection as an attribute of the right to privacy, as enshrined in article 17 of the Covenant.
Ms. Keller reminded the Committeethat it had decided, during its discussion at the previous session, that the general comment should be applicable to technological developments and the evolution of the social media, which had played a major role, for instance, in recent events in the Arab world.
The General Comment should acknowledge the indivisibility and interdependence of all rights and should emphasize that guarantees of equality and non-discrimination apply to all rights enshrined in the Covenant.
While article 2, paragraph 3(b), of the Covenant explicitly recognized that individual rights couldbe determined by instances other than courts, the draft general comment should stress States parties' obligation to ensure that all customary courts complied with the provisions of the Covenant.
He argued that the draft general comment should include concepts such as forced labour and child labour as well as the concept of full employment.
A general comment should not be seen as a mere compilation of the Committee's jurisprudence, but as an opportunity for the Committee to undertake a critical review of its practices and to change them.
In defining the right to work, the general comment should take into account the new elements currently apparent such as the right to decent work.
The general comment should offer practical guidelines, applying the Convention rights to the existing situation of migrant domestic workers, not just describing that situation or repeating the rights.
With regard to the question posed by the Chairperson of the Committee on Economic, Social and Cultural Rights,Mr. Riedel said that the general comment should be drafted from the perspective of equality rather than of women's rights, which is considered to fall within the competence of the Committee on the Elimination of Discrimination against Women, but that it should not be limited to the issue of equality at a theoretical level.
In particular, the general comment should incorporate the practical recommendations that had been submitted by participants at the day of general discussion in October 2009, and since then by NGOs.
His own understanding, like Mr. Shearer's,was that the general comment should deal only with State party obligations under the Optional Protocol and should not extend to the operation of the Optional Protocol, on which there would be much to say.
The present general comment should be distributed to business enterprises, including those operating transnationally, as well as to small and medium-sized enterprises and actors in the informal sector.
As to Mr. Amor's andMr. O'Flaherty's position that the draft general comment should go into how the Committee went about its work, he himself had given thumbnail sketches of that in paragraphs 5, 6 and 7, and especially paragraph 10, where the procedures were directly relevant to State party obligations.
He also argued that the general comment should not refer to the Global Compact Initiative of the Secretary-General, but rather to the Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights adopted by the Sub-Commission on the Promotion and Protection of Human Rights in its resolution 2003/16 of 13 August 2003.
Ms. Chanet said that the general comment should address the matters of reservations by States parties and derogations to article 9 applied in states of emergency.
Mr. Salvioli said that the general comment should make it very clear that restrictions should be applied only to the extent necessary and that they should never become the norm.
Lastly, she felt that the general comment should also include an appropriate reference to article 5 of the Covenant, in order to avoid the possibility of any confusion between the derogations envisaged by it and by article 4.
What was important, however, was that the general comment should be persuasive in identifying essential elements which, when the Covenant was read as a whole, rendered certain provisions nonderogable, even though they were not specified as such in article 4.
The Chairperson said that the general comment should constitute both an interpretation of the rights of migrant domestic workers and a call for action from States parties to uphold the rights of those migrants in particular, as they were so often violated.
General comments should provide guidance to Governments.