Recognition of Legal Personality
Specific Instruments
  General Instruments
  Articles
  Websites
  Selected Case Law
  Case Law Websites
  Reports
  Books
  Periodicals
  Human Rigths Actors
Recognition of Legal Personality
     
Specific Instruments
Inter-american Convention on the Nationality of Women
Date of adoption: 26/12/1933 Entry into force: 29/8/1934
System of protection: Organization of American States
European Convention on the Legal Status of Migrant Workers
Date of adoption: 24/11/1977 Entry into force: 1/5/1983
System of protection: Council of Europe
European Convention on Nationality
Date of adoption: 6/11/1997 Entry into force: 1/3/2000
System of protection: Council of Europe
European Convention on the Legal Status of Children born out of Wedlock
Date of adoption: 15/10/1975 Entry into force: 11/8/1978
System of protection: Council of Europe
European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations
Date of adoption: 24/4/1986 Entry into force: 1/1/1991
System of protection: Council of Europe
Convention on the Nationality of Married Women
Date of adoption: 29/1/1957 Entry into force: 11/8/1958
System of protection: Universal
Convention on the Reduction of Statelessness
Date of adoption: 30/8/1961 Entry into force: 13/12/1975
System of protection: Universal
Convention relating to the Status of Stateless Persons
Date of adoption: 28/9/1954 Entry into force: 6/6/1960
System of protection: Universal
     
General Instruments
American Convention on Human Rights (Pact of San Jose, Costa Rica)
Date of adoption: 22/11/1969 Entry into force: 18/7/1978
System of protection: Organization of American States
International Covenant on Civil and Political Rights (ICCPR)
Date of adoption: 16/12/1966 Entry into force: 23/3/1976
System of protection: Universal
Universal Declaration of Human Rights (UDHR)
Date of adoption: 10/12/1948 Entry into force: -
System of protection: Universal
American Declaration of the Rights and Duties of Man
Date of adoption: 2/5/1948 Entry into force: -
System of protection: Organization of American States
African Charter on Human and Peoples' Rights (Banjul Charter)
Date of adoption: 27/6/1981 Entry into force: 21/10/1986
System of protection: Organization of African Unity
The Cairo Declaration on Human Rights in Islam
Date of adoption: 5/8/1990 Entry into force: -
System of protection: Organization of the Islamic Conference
     
Articles
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Selected Case Law
B. v. France
Date: 25/3/1992
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 25 March 1992, A232-C, A-235 D, n° 57/1990/248/319.
Transsexual - Sex-change operation - Differences between France and England - Failure of procedures to rectify civil status documents - Numerous official documents mention sex - Situation as a whole contrary to Article 8.
Cossey v. the United Kingdom
Date: 27/9/1990
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 27 September 1990, A184. n° 16/1989/176/232.
Transsexual - Sex-change operation - Change of name - Plans to marry - Invalidity of marriage because of sex as it appeared on the birth certificate - No violation of Article 8 - No violation of Article 12.
Marckx v. Belgium
Date: 13/6/1979
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 13 June 1979, A-231, n° 00006833/74.
Single mother of a natural daughter - Affiliation has to be established by official recognition - Family bonds - Inheritance: limited patrimonial rights - Discrimination compared to a legitimate family - Violation of Arts. 8, 14, Art. 1 Prot. 1.
Darwinia Rosa Mónaco de Gallicchio and Ximena Vicario v. Argentina
Date: 27/4/1995
Decision-making body: Human Rights Committee
Legal reference: Communication No 400/1990 : Argentina. 27/04/95. CCPR/C/53/D/400/1990
Procedure of recognition of a minor - Violation of Article 24(1).
Ibrahima Gueye et al. v. France
Date: 6/4/1989
Decision-making body: Human Rights Committee
Legal reference: CCPR/C/35/D/196/1985
Refusal, based on a change in nationality, to grant pension rights to Senegalese soldiers who had served France prior to Senegalese independence - Violation of Article 26 (equality before the law).
Sandra Lovelace v. Canada
Date: 30/7/1981
Decision-making body: Human Rights Committee
Legal reference: CCPR/C/13/D/24/1977
Loss of membership status of a woman belonging to an indigenous minority following marriage to a non-indigenous man - Legislation found to be discriminatory on the basis of sex - Violation of Article 27.
Ivcher Brostein Case (No. 74)
Date: 6/2/2001
Decision-making body: Inter-American Court of Human Rights
Legal reference: Ivcher Brostein, Decision and Judgement. IACHR Series C. N° 74. February 6, 2001. (See also Nos. 54, 84).
Television transmission denouncing atrocities committed by the Peruvian army - Loss of nationality - Violation of articles 20 (Right to a nationality), 8 & 25 (Judicial guarantees and protection), 21 (Private property) and 13 (Freedom of expression).
Trujillo Oroza Case (No. 64)
Date: 26/1/2000
Decision-making body: Inter-American Court of Human Rights
Legal reference: Trujillo Oroza, Decision and Judgement. IACHR Series C. N° 64. January 26, 2000.
Arbitrary arrest and detention - Forced disappearance - Recognition of responsibility by the Bolivian State - Attempt to reach a friendly settlement - Violation of arts. 3 (Juridical personality), 4 (Life), 5 (Torture), 8 & 25 (Judicial guarantees).
Castillo Petruzzi et al. Case (No. 59)
Date: 17/11/1999
Decision-making body: Inter-American Court of Human Rights
Legal reference: Castillo Petruzzi, Addendum. IACHR Series C. N° 59. November 17, 1999. (See also Nos. 41, 52).
Criminal suit for treason held against non-nationals - Military jurisdiction - Due process - Exhaustion of domestic remedies - Partial acceptance of the preliminary objection (Vienna Convention on Consular Relations).
Ivcher Brostein Case (No. 54)
Date: 24/9/1999
Decision-making body: Inter-American Court of Human Rights
Legal reference: Ivcher Brostein, Competence. IACHR Series C. N° 54. September 24, 1999. (See also Nos. 74, 84).
Television transmission denouncing atrocities committed by the Peruvian army - Loss of nationality - Violation of articles 20 (Right to a nationality), 8 & 25 (Judicial guarantees and protection), 21 (Private property) and 13 (Freedom of expression).
Castillo Petruzzi et al. Case (No. 52)
Date: 30/5/1999
Decision-making body: Inter-American Court of Human Rights
Legal reference: Castillo Petruzzi, Decision and Judgement. IACHR Series C. N° 52. May 30, 1999. (See also Nos. 41, 59).
Criminal suit for treason held against non-nationals - Military jurisdiction - Due process - Exhaustion of domestic remedies - Partial acceptance of the preliminary objection (Vienna Convention on Consular Relations).
Cantoral Benavides Case (No. 40)
Date: 30/9/1998
Decision-making body: Inter-American Court of Human Rights
Legal reference: Cantoral Benavides, Preliminary Objections. IACHR Series C. N° 40. September 3, 1998. (See also Nos. 69, 90).
Terrorism - Legal action against two twin brothers - Interchanged identity allowed the escape of a convict - Non bis in idem - Torture - Judicial guarantees - Reparation.
Castillo Petruzzi Case (No. 41)
Date: 4/9/1998
Decision-making body: Inter-American Court of Human Rights
Legal reference: Castillo Petruzzi, Preliminary Objections. IACHR Series C. N° 41. September 4, 1998. (See also Nos. 52, 59).
Criminal suit for treason held against non-nationals - Military jurisdiction - Due process - Exhaustion of domestic remedies - Partial acceptance of the preliminary objection (Vienna Convention on Consular Relations).
Benavides Ceballos Case (No. 38)
Date: 19/6/1998
Decision-making body: Inter-American Court of Human Rights
Legal reference: Benavides Ceballos, Decision and Judgement. IACHR Series C. N° 38. June 19, 1998.
Arbitrary arrest and detention - Torture - Homicide - Denial of justice - Violation of article 3 (Juridical personality), 4 (Life), 5 (Humane treatment), 7 (Personal liberty), 8 and 25 (Judicial protection and guarantees) - Friendly settlement.
     
Case Law Websites
Commonwealth Human Rights Case Law Database (The)
Languages: English
Allows you to browse or search for summaries of recent human rights decisions from national courts in Commonwealth jurisdictions.
Council of Europe - Human Rights Web
Languages: English French
Search the case-law of the European Convention on Human Rights control bodies.
Inter-American Court of Human Rights
Languages: English Spanish
Search the case law of the Inter-American Court.
International Human Rights Law Database (The)
Languages: English
A resource for those seeking summaries and commentaries on international human rights case law, the database allows searches by text, 47 subjects, 81 states, 9 treaties, 9 decisionmaking bodies, and date. A powerful and quick database.
Repertorio de Jurisprudencia del Sistema Interamericano de Derechos Humanos
Languages: Spanish
Directory of the case law of the Inter-American Court 1980 - 1997.
     
Reports
Enforced or Involuntary Disappearances
HCDH / OHCHR Date: 1/1998
Reference: Fact Sheet No.6 (Rev.2)
Source: Office of the United Nations High Commissioner for Human Rights
The human rights Fact Sheet Series is published by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Geneva.
     
Books
La Grèce devant la Cour européenne des droits de l'homme
P. Lambert Ed.
Reference: Bruxelles, Droit & Justice, Bruylant, 2003
Languages:
Analysis of the European Court of Human Right's case-law concerning Greece.
     
Periodicals
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Human Rights Actors
International Center for Migration, Ethnicity and Citizenship (ICMEC)
http://www.newschool.edu/icmec/ Type:Research / Education
Scholarly research and public policy analysis bearing on international migration, refugees, and the incorporation of newcomers. Causes of large international migrations and refugee flows, Patterns of demographic change and policies, etc....