A/HRC/20/31
(c)
To revise national laws and policies that are discriminatory against women,
and to adopt legislation that addresses domestic violence, the trafficking of women and
girls and gender-based violence.
Article 5.
Right to conscientious objection to military service
1.
Individuals have the right to conscientious objection and to be protected in
the effective exercise of this right.
2.
States have the obligation to prevent members of any military or other
security institution from taking part in wars of aggression or other armed operations,
whether international or internal, which violate the Charter of the United Nations, the
principles and norms of international human rights law or international humanitarian law.
Members of any military or other security institutions have the right to disobey orders that
are manifestly contrary to the above-mentioned principles and norms. The duty to obey
military superior orders does not exempt from the observance of these obligations, and
disobedience of such orders shall in no case constitute a military offence.
Article 6.
Private military and security companies
1.
States shall refrain from outsourcing inherently State military and security
functions to private contractors. For those activities that may be outsourced, States shall
establish a national and an international regime with clear rules regarding the functions,
oversight and monitoring of existing private military and security companies. The use of
mercenaries violates international law.
2.
States shall ensure that private military and security companies, their
personnel and any structures related to their activities perform their respective functions
under officially enacted laws consistent with international humanitarian law and
international human rights law. They shall take such legislative, administrative and other
measures as may be necessary to ensure that such companies and their personnel are held
accountable for violations of applicable national or international law. Any responsibility
attributable to a private military or security company is independent and does not eliminate
the responsibility that a State or States may incur.
3.
The United Nations shall establish, together with other international and
regional organizations, clear standards and procedures for monitoring the activities of
private military and security companies employed by these organizations. States and the
United Nations shall strengthen and clarify the relationship and accountability of States and
international organizations for human rights violations perpetrated by private military and
security companies employed by States, intergovernmental and international nongovernmental organizations. This shall include the establishment of adequate mechanisms
to ensure redress for individuals injured by the action of private military and security
companies.
Article 7.
Resistance and opposition to oppression
1.
All peoples and individuals have the right to resist and oppose oppressive
colonial, foreign occupation or dictatorial domination (domestic oppression).
2.
Everyone has the right to oppose aggression, genocide, war crimes and
crimes against humanity, violations of other universally recognized human rights, and any
propaganda in favour of war or incitement to violence and violations of the right to peace..
6
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