Exemples d'utilisation de Non-derogability en Anglais et leurs traductions en Français
{-}
-
Official
-
Colloquial
Non-derogability of habeas corpus.
Article 4 of the latter Covenant contains the additional concept of the non-derogability of basic rights.
Non-derogability in armed conflict.
Calls upon States to declare their position on the non-derogability of the prohibition of the crime of slavery;
Non-derogability in states of emergency.
The use of the word"essential" would also underline the obligatory nature of the non-derogability of these rights.
Non-derogability of the prohibition of enforced disappearance.
It unequivocally extended the principle of the non-derogability of the obligations to include acts of terrorism and violent crimes.
Non-derogability of the right to challenge the lawfulness of detention.
Please indicate whether the domestic law specifically provides for the principle of non-derogability of the prohibition of enforced disappearances.
Non-derogability of the right to challenge the lawfulness of detention before court.
The Special Rapporteur recalls the supremacy and non-derogability of the right to life under both treaty and customary international law.
Such non-derogability should be reaffirmed as essential to the protection of the non-derogable rights identified in article 4 and, indeed, to the proper administration of justice.
It is established in the jurisprudence that, in situations of emergency, the non-derogability of certain rights also covers the guarantees needed to ensure the exercise thereof.
(d) The non-derogability of the principle of non-refoulement under treaty law or customary law.
In that respect, the Special Rapporteur draws the Commission's attention to the close interconnection of certain provisions of the Covenant that have a bearing on the scope of the principle of non-derogability.
Section 3 on non-derogability of the exercise of fundamental human rights was of particular importance.
The Committee considers that a general amnesty which includes the crime of torture would violate the principle of non-derogability." The last sentence of the original version of the paragraph had been removed.
Non-derogability: even in cases provided for in article 4 of the Covenant, and in cases of armed conflict- whether between two or more States parties or within the same State party- in conformity with the Geneva Conventions.
However, we would like to point out that there may be a certain danger in doing this by way of an optional protocol because this may give the impression that the non-derogability of fundamental judicial guarantees is optional.
The non-derogability of the exercise of certain rights, set forth in article 4, paragraph 2 of the International Covenant on Civil and Political Rights, has been enhanced or expanded as a result of the entry into force of other international instruments.
There has thus been a violation of the principle of nullum proceso sine lege,of procedural safeguards and of the principle of non-derogability, as well as the principle of the natural judge principles set forth in articles 2, 3 and 7 of the Code of Criminal Procedure.
The Committee considers that amnesties or other impediments which preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of torture orill-treatment violate the principle of non-derogability.
In turn, the American Convention, which provides by far the most generous protection,extends non-derogability to protection of the family(art. 17), to the rights of the child(art. 19), to nationality(art. 20) and to political rights(art. 23), as well as to the legal guarantees essential to protect those rights.
The Committee, as recalled in its general comment No. 2, considers that amnesties or other impediments which preclude prompt and fair prosecution and punishment of perpetrators of torture orill-treatment may violate the principle of non-derogability.
The Committee also understands that the concept of"any territory under its jurisdiction," linked as it is with the principle of non-derogability, includes any territory or facilities and must be applied to protect any person, citizen or non-citizen without discrimination subject to the de jure or de facto control of a State party.
As was pointed out in general comment No. 2,"amnesties or other impediments which preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of torture orill-treatment violate the principle of non-derogability.
It has asserted Africa's position on such matters as the non-derogability of ACHPR rights and their exceptional limitation, on state responsibility for human rights enjoyment in their territories, as well as recognising the right to housing and food as implicitly protected by the African Charter.
The Committee considers that amnesty provisions that preclude prompt and fair prosecution and punishment of perpetrators of torture orill-treatment violate the principle of non-derogability of the prohibition of torture and contribute to a climate of impunity.
This review of the non-derogability of the prohibition of torture and cruel, inhuman or degrading treatment or punishment can no better be summed up than by quoting the following repeated and unambiguous pronouncement of the Commission:"condemns all forms of torture and other cruel, inhuman or degrading treatment or punishment, which can never be justified under any circumstances whatsoever.