International Convention for the Protection of All Persons from Enforced Disappearance (CPED)

International Convention for the Protection of All Persons from Enforced Disappearance, G.A. res. 61/177, U.N. Doc. A/RES/61/177 (2006), adopted Dec. 20, 2006.
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Year of adoption: 2006
Year of entry into force: 2010
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Excerpts

Article 17

2. Without prejudice to other international obligations of the State Party with regard to the deprivation of liberty, each State Party shall, in its legislation:

( a ) Establish the conditions under which orders of deprivation of liberty may be given;

( f ) Elements relating to the state of health of the person deprived of liberty;

( g ) In the event of death during the deprivation of liberty, the circumstances and cause of death and the destination of the remains;

Article 18

1. Subject to articles 19 and 20, each State Party shall guarantee to any person with a legitimate interest in this information, such as relatives of the person deprived of liberty, their representatives or their counsel, access to at least the following information:

( f ) Elements relating to the state of health of the person deprived of liberty;

( g ) In the event of death during the deprivation of liberty, the circumstances and cause of death and the destination of the remains.

Article 19

1. Personal information, including medical and genetic data, which is collected and/or transmitted within the framework of the search for a disappeared person shall not be used or made available for purposes other than the search for the disappeared person. This is without prejudice to the use of such information in criminal proceedings relating to an offence of enforced disappearance or the exercise of the right to obtain reparation.

2. The collection, processing, use and storage of personal information, including medical and genetic data, shall not infringe or have the effect of infringing the human rights, fundamental freedoms or human dignity of an individual.

Article 22

Without prejudice to article 6, each State Party shall take the necessary measures to prevent and impose sanctions for the following conduct:

( a ) Delaying or obstructing the remedies referred to in article 17, paragraph 2 ( f ), and article 20, paragraph 2 […].

 

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