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Framework?
The human rights framework protects civil, political,
economic, social and cultural rights. But no matter what kind
of right is at issue, there are basic principles that are always
part of human rights standards and implementation. These
principles include:
(4) The law shall provide for penal and civil sanctions
for violations of this section as well as compensation
to the rehabilitation of victims of torture or similar
practices, and their families.
Section 13. All persons, except those charged with
offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction,
be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to
bail shall not be impaired even when the privilege of
the writ of habeas corpus is suspended. Excessive
bail shall not be required.
Section 14. (1) No person shall be held to answer for
a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of
the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face
to face, and to have compulsory process to secure
the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment,
trial may proceed notwithstanding the absence of the
accused provided that he has been duly notified and
his failure to appear is unjustifiable.
Section 15. The privilege of the writ of habeas corpus
shall not be suspended except in cases of invasion or
rebellion when the public safety requires it.
Section 16. All persons shall have the right to a
speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be a
witness against himself.
Section 18. (1) No person shall be detained solely by
reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist
except as a punishment for a crime whereof the
party shall have been duly convicted.
Section 19. (1) Excessive fines shall not be imposed,
nor cruel, degrading or inhuman punishment
article 12).
10. The conditions of age and maturity can be
assessed when an individual child is heard and
also when a group of children chooses to express its
views. The task of assessing a childs age
and maturity is facilitated when the group in question
is a component of an enduring structure,
such as a family, a class of schoolchildren or the
residents of a particular neighbourhood, but is
made more difficult when children express
themselves collectively. Even when confronting
difficulties in assessing age and maturity, States
parties should consider children as a group to be
heard, and the Committee strongly recommends that
States parties exert all efforts to listen to or
seek the views of those children speaking
collectively.
11. States parties should encourage the child to form
a free view and should provide an
environment that enables the child to exercise her or
his right to be heard.
12. The views expressed by children may add
relevant perspectives and experience and should
be considered in decision-making, policymaking and
preparation of laws and/or measures as
well as their evaluation.
13. These processes are usually called participation.
The exercise of the childs or childrens
right to be heard is a crucial element of such
processes. The concept of participation emphasizes
that including children should not only be a
momentary act, but the starting point for an intense
exchange between children and adults on the
development of policies, programmes and
measures in all relevant contexts of childrens lives.
14. In section A (Legal analysis) of the general
comment, the Committee deals with the right
to be heard of the individual child. In section C (The
implementation of the right to be heard in
different settings and situations), the Committee
considers the right to be heard of both the
individual child and children as a group
A. Legal analysis
15. Article 12 of the Convention establishes the right
of every child to freely express her or his
views, in all matters affecting her or him, and the
subsequent right for those views to be given
due weight, according to the childs age and
maturity. This right imposes a clear legal obligation
7
See the Committees general comment No. 5 (2003)
on general measures of implementation of
the Convention on the Rights of the Child, para. 24.
CRC/C/GC/12
page 14
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