Among other provisions, it requires equal treatment before all tribunals, agencies
and bodies involved in the administration of justice, without distinction as to race,
colour, or national or ethnic origin.
Convention on the Elimination of All Forms of Discrimination against Women
33. Upon entry into force in September 1981, the Convention on the Elimination of All
Forms of Discrimination against Women became the principal international instrument addressing discrimination against women in the political, economic, social,
cultural and civil fields. The Convention currently has 173 States parties, which are
required to undertake specific action in each of those fields to end discrimination
against women and to allow them to exercise and enjoy human rights and fundamental freedoms on a basis of equality with men.
34. In addition, General Recommendation No. 19 on violence against women,
adopted by the Committee on the Elimination of Discrimination against Women at
its eleventh session, in 1992, is relevant to this Manual. It addresses gender-based
violence, which impairs or nullifies the enjoyment by women of human rights and
fundamental freedoms under general international law or under human rights
conventions, as discrimination within the meaning of article 1 of the Convention.
Furthermore, General Recommendation No. 19 provides that gender-based violence
may breach specific provisions of the Convention, regardless of whether those
provisions expressly mention violence.
Convention on the Rights of the Child
35. The Convention on the Rights of the Child entered into force in September 1990
and currently has 191 States parties. It provides for certain special rights for juvenile offenders, in recognition of their special vulnerability and society's interest in
rehabilitating them. In particular, article 37 of the Convention sets out a prohibition on
life imprisonment of juveniles, as well as protecting them against capital punishment.
Imprisonment of juveniles must be a measure of last resort and, when imposed,
must be for the shortest appropriate period of time. Article 37 further requires
States parties to ensure that no child is subjected to torture or other cruel, inhuman or
degrading treatment or punishment. In every case, article 37 requires that juveniles
in conflict with the law be treated with humanity and respect for the dignity of the
human person, and in a manner which takes into account their age. In this regard,
every child deprived of liberty shall be separated from adults unless it is considered
in the child's best interest not to do so. Detained children shall also have the right
to maintain contact with their family through correspondence and visits, save in
exceptional circumstances. Article 40, paragraph 1, underlines the desirability of
promoting a child's reintegration and assuming a constructive role in society.
Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography
36. The Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography, which entered into force in
January 2002 and currently has 51 States parties, is also relevant to this Manual.
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