Chapter 2 • The Major Universal Human Rights Instruments and the Mechanisms for Their Implementation
v certain legal safeguards against unlawful expulsions of aliens lawfully in the territory
of a State party – art. 13;11
v the right to a fair hearing in criminal and civil cases by an independent and impartial
tribunal – art. 14;12
v freedom from ex post facto laws and the retroactive application of heavier penalties
than those that could be imposed when the crime was committed – art. 15;
v the right to recognition as a person before the law – art. 16;
v the right not to be subjected to arbitrary or unlawful interference with one’s privacy,
family, home or correspondence or to unlawful attacks on one’s honour and
reputation – art. 17;13
v the right to freedom of thought, conscience and religion – art. 18;14
v the right to freedom of opinion and of expression – art. 19;15
v prohibition of war propaganda and of advocacy of national, racial, or religious
hatred constituting incitement to discrimination, hostility or violence – art. 20;16
v the right to peaceful assembly – art. 21;
v the right to freedom of association – art. 22;
v the right to marry freely, to found a family and to equal rights and responsibilities of
spouses as to marriage, during marriage and at its dissolution – art. 23;17
v the right of the child to special protection without discrimination; the right to be
registered upon birth and the right to a nationality – art. 24;18
v the right to popular participation in public affairs; the right to vote in periodic
elections by universal and equal suffrage and secret ballot, as well as the right to have
access to public service – art. 25;19
v the right to equality before the law and the equal protection of the law – art. 26;20
v the right of minorities to enjoy their own culture, religion and language – art. 27.21
2.1.3 Permissible limitations on the exercise of rights
Some of the rights listed above, such as the right to freedom of movement
(art. 12(3)), the right to manifest one’s religion or beliefs (art. 18(3)), the exercise of the
rights to freedom of expression (art. 19(3)), to peaceful assembly (art. 21), and to
freedom of association (art. 22(2)), can be limited for certain specifically defined
11 General Comment No. 15, ibid., pp. 127-129.
12 General Comment No. 13, ibid., pp. 122-126.
13 General Comment No. 16, ibid., pp. 129-131.
14 General Comment No. 22, ibid., pp. 144-146.
15 General Comment No. 10, ibid., pp. 119-120.
16 General Comment No. 11, ibid., pp. 120-121.
17 General Comment No. 19, ibid., pp. 137-138.
18 General Comment No. 17, ibid., pp. 132-134.
19 General Comment No. 25, ibid., pp. 157-162.
20 On the question of non-discrimination in general see, in particular, General Comment No. 18, ibid., pp. 134-137. As to the
duty of the States parties to ensure the equal rights of men and women, see also General Comment No. 4, ibid., p. 113, which has
been replaced by General Comment No. 28 (Article 3 – Equality of rights between men and women), ibid., pp. 168-174.
21 General Comment No. 23, ibid., pp. 147-150.
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers