Legal Texts of Technical Support to the Conference

Preventive Prison And Equality Before The Law

-UNIVERSAL DECLARATION OF THE HUMAN RIGHTS

Article 7. - All are equal before the law and have, without distinction, right to equal protection of the law (...)

Article 9. - Nobody could arbitrarily be prisoner, exiled prisoner nor.

Article 11.-1.Toda person has right to that its innocence while its culpability is not proven, according to the law and in public judgment is presumed in which all the necessary guarantees for their defense have made sure him (...)

Article 13. - 1.-All person has right to circulating freely and choosing its residence in the territory of a Estate.(...)

Article 29, - (...) 2-In the exercise of her rights and in the benefit of her liberties, all person will be only subject to the limitations settled down by the law with the only aim to assure the recognition and the respect the rights and the liberties of the others (...)

-CONVENTION ON ELIMINATION OF ALL FORM OF DISCRIMINATION

Article 5, - (...) the States Parts are committed to prohibit and to eliminate the racial discrimination in all their forms and to guarantee the right of all person to the equality before the law, without distinction of race, color and national or ethnic origin, particularly in the enjoyment of the following rights: a) The right to the equality of treatment in the courts and all the other organs that administer justice (...); b) (...) and the one of access, in conditions of equality, to the public functions; c) other civil rights, in individual: d) the right to circulate freely..., e) the right from access to all the places public and services destined to the use publi (...)

-PACT OF CIVIL RIGHTS And Politics

Article 3. - The States Parts in the present Pact are committed to guarantee to men and women the present the equality in the enjoyment of all the civil rights and political statements in pact.

Article 9. -

1. - All individual has right to the personal freedom and the security. Nobody could be put under arbitrary halting or prison. Nobody could be private of its freedom, safe by the causes fixed by law and with repair. to the established procedure to this one.

2.-Toda lengthy person will be informed, at the moment of its halting, of the reasons of the same one, and notified, without delay, of the accusation formulated against her.

3. - (...) the preventive prison of the people which there are to be judged does not have to be the general rule, but its freedom could be subordinated to guarantees that assure the appearance the defendant in the act of the judgment, or at any other moment of the procedural diligences and, in its case, for the execution of the failure.

4.-Toda person who is private of freedom by virtue of halting or prison will have right toresort before a court, in order that this one decides to the possible brevity on the legality of its prison and orders its freedom if the prison will be illegal.

5.-Toda person who illegally has been stopped or imprisoned, will have the effective right to obtain repair.

Article 11. - Nobody will be jailed by the single fact of not being able to fulfill an obligation contractual.

Article 14. -

1. - All the people are equal before the courts and cuts of justice.(...)
2. - All person accused of a crime has right to that its innocence is presumed while its culpability according to law. (is not proven...)

Article 26. - All the people are equal before the law and have right without discriminationto equal protection of the law. In this respect, the law will prohibit all discrimination and will guarantee to all the people equal and effective protection against any discrimination by reasons for race, color, sex, language, political religion, opinions or of any other Hindu to him, national or social origin, economic position, birth or any other social condition.

-CONVENTION TO ELIMINATE DISCRIMINATION AGAINST THE WOMAN

Article 5. The States Parts will take measures stops: a) to modify the sociocultural patterns with a view to reaching the elimination of prejudices that is based on the idea of the inferiority or superiority of anyone of sexes....

Article 15. - The States Parts will recognize the woman the equality with the man before the law

-AMERICAN DECLARATION OF The RIGHTS And DUTIES Of the MAN.

Article 2. - All the people are equal before the Law and have the right and duties consecrated in this Declaration without race distinction, sex, language, creed nor anothersome.

- NTER-AMERICAN CONVENTION ON HUMAN RIGHTS

Article 7. Right to the personal freedom

1.-All person has right to the personal freedom and the security.
2. - Nobody can beforehand be private of its physical freedom, safe by the causes and in the conditions fixed by the Political Constitutions of the States Parts or by the laws dictated according to them.
3.-Nobody can be put under arbitrary halting or imprisonment.
4. - All prisoner must be informed into the reasons of his notified halting and into the
position in his against.(...)

-CONVENTION ON THE FORCED DISAPPEARANCE

Article 2. - For the effects of the present Convention, forced disappearance is considered the deprivation of the freedom to one or more people, whatever it will be his form, committed by agents of the State or people or groups of people who act with the authorization, the support or the assent of the State, followed of the lack of information or the refusal to recognize this deprivation of freedom or to inform on the whereabouts of the person, with which the exercise of the legal resources and pertinent the procedural guarantees is prevented.

Article 7.-La criminal action derived from the forced disappearance of people and the pain that is judicially dominated the person in charge of the same one will not be subject to prescription (...)

Article 11. - All deprived person of freedom must be maintained in places of halting officially recognized and presented/displayed without delay (...) to the competent judicial authority.

The States Parts will establish and maintain updated official registries on their prisoners and, according to its internal legislation, they will make them available of the relatives, judges, lawyers, any person with legitimate interest and other authorities.
 

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