E/CN.4/1503 page 22
n
Р
W
σ C2 E 3 J
t
44. To be sure, Article
Article 12 is hardly ever observed in con-
ditions leading to mass exodus.
"Interference with the
privacy, family home or correspondence" of individuals is at
best unavoidable and at worst deliberate.
In times of
conflict, political or social upheavals and/or martial law, who
indeed could claim "the right to the protection of the law
against such interference or attack", even though provisions of the Geneva Conventions, which the ICRC strives to uphold,
seek to protect this right.
Article 13: (1) Everyone has the right to freedom of movement
and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.
45. Both paragraphs of this Article are seriously eroded, in
that most totalitarian régimes reserve the right to oversee and
regulate movement of their nationals both within and outside
their borders. The very fact that a person has moved without obtaining the necessary permit or visa is a punishable act.
Article 14:
(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non- political crimes or from acts contrary to the purposes and principles of the United Nations.
46. The most relevant Article in terms of mass exodus is
perhaps Article 14 in view of the illustration it provides of
the dichotomy between the sovereign prerogatives of States and
the rights of man as the ultimate beneficiary of any social
contract. In the original draft of this Article, when it was
debated in 1948, it was proposed that everyone should have "a
right to seek and reeive asylum". Governments found that
e
4
f
t
ايلك
T
1
1-
le
it
10
IW
t fow f
t
n
t
ΠΩ
d
e
Y
AD AD
No comments yet.
Private notes are available after approval.