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Press Legal writing, plain English, legal drafting, legal citation, persuasive writing, CLE, plain language. Tuesday, May 15, Issue statements: under-does-when.

RSS feed previous posts Issue statements: the "whether" style Issue statements: single sentence? All employees who work for the covered employer , regardless of work site, are counted. Employers are not required under the FLSA to compensate nursing mothers for breaks taken for the purpose of expressing milk.

However, where employers already provide compensated breaks, an employee who uses that break time to express milk must be compensated in the same way that other employees are compensated for break time. A space temporarily created or converted into a space for expressing milk or made available when needed by the nursing mother is sufficient provided that the space is shielded from view, and free from any intrusion from co-workers and the public.

The location provided must be functional as a space for expressing breast milk. Of course, employers may choose to create permanent, dedicated space if they determine that is the best way to meet their obligations under the law. Article 67 Instruments for declaring invalid, terminating, withdrawing from or suspending the operation of a treaty. The notification provided for under article 65 paragraph 1 must be made in writing.

Any act declaring invalid, terminating, withdrawing from or suspending the operation of a treaty pursuant to the provisions of the treaty or of paragraphs 2 or 3 of article 65 shall be carried out through an instrument communicated to the other parties.

If the instrument is not signed by the Head of State, Head of Government or Minister for Foreign Affairs, the representative of the State communicating it may be called upon to produce full powers. Article 68 Revocation of notifications and instruments provided for in articles 65 and A notification or instrument provided for in articles 65 or 67 may be revoked at any time before it takes effect.

Article 69 Consequences of the invalidity of a treaty. A treaty the invalidity of which is established under the present Convention is void. The provisions of a void treaty have no legal force. If acts have nevertheless been performed in reliance on such a treaty:.

In cases falling under articles 49, 50, 51 or 52, paragraph 2 does not apply with respect to the party to which the fraud, the act of corruption or the coercion is imputable. In the case of the invalidity of a particular State's consent to be bound by a multilateral treaty, the foregoing rules apply in the relations between that State and the parties to the treaty. Article 70 Consequences of the termination of a treaty. Unless the treaty otherwise provides or the parties otherwise agree, the termination of a treaty under its provisions or in accordance with the present Convention:.

If a State denounces or withdraws from a multilateral treaty, paragraph 1 applies in the relations between that State and each of the other parties to the treaty from the date when such denunciation or withdrawal takes effect.

Article 71 Consequences of the invalidity of a treaty which conflicts with a peremptory norm of general international law. In the case of a treaty which is void under article 53 the parties shall:. In the case of a treaty which becomes void and terminates under article 64, the termination of the treaty:.

Article 72 Consequences of the suspension of the operation of a treaty. Unless the treaty otherwise provides or the parties otherwise agree, the suspension of the operation of a treaty under its provisions or in accordance with the present Convention:.

During the period of the suspension the parties shall refrain from acts tending to obstruct the resumption of the operation of the treaty. Article 73 Cases of State succession, State responsibility and outbreak of hostilities.

The provisions of the present Convention shall not prejudge any question that may arise in regard to a treaty from a succession of States or from the international responsibility of a State or from the outbreak of hostilities between States. Article 74 Diplomatic and consular relations and the conclusion of treaties.

The severance or absence of diplomatic or consular relations between two or more States does not prevent the conclusion of treaties between those States. The conclusion of a treaty does not in itself affect the situation in regard to diplomatic or consular relations. Article 75 Case of an aggressor State. The provisions of the present Convention are without prejudice to any obligation in relation to a treaty which may arise for an aggressor State in consequence of measures taken in conformity with the Charter of the United Nations with reference to that State's aggression.

Article 76 Depositaries of treaties. The designation of the depositary of a treaty may be made by the negotiating States, either in the treaty itself or in some other manner.

The depositary may be one or more States, an international organization or the chief administrative officer of the organization. The functions of the depositary of a treaty are international in character and the depositary is under an obligation to act impartially in their performance. In particular, the fact that a treaty has not entered into force between certain of the parties or that a difference has appeared between a State and a depositary with regard to the performance of the latter's functions shall not affect that obligation.

Article 77 Functions of depositaries. The functions of a depositary, unless otherwise provided in the treaty or agreed by the contracting States, comprise in particular:. In the event of any difference appearing between a State and the depositary as to the performance of the latter's functions, the depositary shall bring the question to the attention of the signatory States and the contracting States or, where appropriate, of the competent organ of the international organization concerned.

Article 78 Notifications and communications. Except as the treaty or the present Convention otherwise provide, any notification or communication to be made by any State under the present Convention shall:. Article 79 Correction of errors in texts or in certified copies of treaties. Where, after the authentication of the text of a treaty, the signatory States and the contracting States are agreed that it contains an error, the error shall, unless they decide upon some other means of correction, be corrected:.

Where the treaty is one for which there is a depositary, the latter shall notify the signatory States and the contracting States of the error and of the proposal to correct it and shall specify an appropriate time-limit within which objection to the proposed correction may be raised.

If, on the expiry of the time-limit:. The rules in paragraphs 1 and 2 apply also where the text has been authenticated in two or more languages and it appears that there is a lack of concordance which the signatory States and the contracting States agree should be corrected.

The corrected text replaces the defective text ab initio, unless the signatory States and the contracting States otherwise decide. The correction of the text of a treaty that has been registered shall be notified to the Secretariat of the United Nations. Article 80 Registration and publication of treaties.

Treaties shall, after their entry into force, be transmitted to the Secretariat of the United Nations for registration or filing and recording, as the case may be, and for publication. The designation of a depositary shall constitute authorization for it to perform the acts specified in the preceding paragraph. The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

The present Convention shall remain open for accession by any State belonging to any of the categories mentioned in article The instruments of accession shall be deposited with the Secretary-General of the United Nations.

The present Convention shall enter into force on the thirtieth day following the date of deposit of the thirty-fifth instrument of ratification or accession. For each State ratifying or acceding to the Convention after the deposit of the thirty-fifth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.

The original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. A list of conciliators consisting of qualified jurists shall be drawn up and maintained by the Secretary-General of the United Nations.

To this end, every State which is a Member of the United Nations or a party to the present Convention shall be invited to nominate two conciliators, and the names of the persons so nominated shall constitute the list. The term of a conciliator, including that of any conciliator nominated to fill a casual vacancy, shall be five years and may be renewed.

A conciliator whose term expires shall continue to fulfil any function for which he shall have been chosen under the following paragraph. When a request has been made to the Secretary-General under article 66, the Secretary-General shall bring the dispute before a conciliation commission constituted as follows:. The State or States constituting one of the parties to the dispute shall appoint: a one conciliator of the nationality of that State or of one of those States, who may or may not be chosen from the list referred to in paragraph 1; and b one conciliator not of the nationality of that State or of any of those States, who shall be chosen from the list.

The State or States constituting the other party to the dispute shall appoint two conciliators in the same way. The four conciliators chosen by the parties shall be appointed within sixty days following the date on which the Secretary-General receives the request.

The four conciliators shall, within sixty days following the date of the last of their own appointments, appoint a fifth conciliator chosen from the list, who shall be chairman. If the appointment of the chairman or of any of the other conciliators has not been made within the period prescribed above for such appointment, it shall be made by the Secretary-General within sixty days following the expiry of that period. The appointment of the chairman may be made by the Secretary-General either from the list or from the membership of the International Law Commission.

Any of the periods within which appointments must be made may be extended by agreement between the parties to the dispute. Any vacancy shall be filled in the manner prescribed for the initial appointment. The Conciliation Commission shall decide its own procedure. A detained or imprisoned person or his counsel shall have the right to make a request or complaint regarding his treatment, in particular in case of torture or other cruel, inhuman or degrading treatment, to the authorities responsible for the administration of the place of detention and to higher authorities and, when necessary, to appropriate authorities vested with reviewing or remedial powers.

In those cases where neither the detained or imprisoned person nor his counsel has the possibility to exercise his rights under paragraph 1 of the present principle, a member of the family of the detained or imprisoned person or any other person who has knowledge of the case may exercise such rights. Confidentiality concerning the request or complaint shall be maintained if so requested by the complainant. Every request or complaint shall be promptly dealt with and replied to without undue delay.

If the request or complaint is rejected or, in case of inordinate delay, the complainant shall be entitled to bring it before a judicial or other authority. Neither the detained or imprisoned person nor any complainant under paragraph 1 of the present principle shall suffer prejudice for making a request or complaint. Whenever the death or disappearance of a detained or imprisoned person occurs during his detention or imprisonment, an inquiry into the cause of death or disappearance shall be held by a judicial or other authority, either on its own motion or at the instance of a member of the family of such a person or any person who has knowledge of the case.

When circumstances so warrant, such an inquiry shall be held on the same procedural basis whenever the death or disappearance occurs shortly after the termination of the detention or imprisonment. The findings of such inquiry or a report thereon shall be made available upon request, unless doing so would jeopardize an ongoing criminal investigation.

Damage incurred because of acts or omissions by a public official contrary to the rights contained in these principles shall be compensated according to the applicable rules or liability provided by domestic law. Information required to be recorded under these principles shall be available in accordance with procedures provided by domestic law for use in claiming compensation under the present principle.

A detained person suspected of or charged with a criminal offence shall be presumed innocent and shall be treated as such until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. The arrest or detention of such a person pending investigation and trial shall be carried out only for the purposes of the administration of justice on grounds and under conditions and procedures specified by law.

The imposition of restrictions upon such a person which are not strictly required for the purpose of the detention or to prevent hindrance to the process of investigation or the administration of justice, or for the maintenance of security and good order in the place of detention shall be forbidden.

A person detained on a criminal charge shall be brought before a judicial or other authority provided by law promptly after his arrest. Such authority shall decide without delay upon the lawfulness and necessity of detention. No person may be kept under detention pending investigation or trial except upon the written order of such an authority. A detained person shall, when brought before such an authority, have the right to make a statement on the treatment received by him while in custody.

A person detained on a criminal charge shall be entitled to trial within a reasonable time or to release pending trial. Except in special cases provided for by law, a person detained on a criminal charge shall be entitled, unless a judicial or other authority decides otherwise in the interest of the administration of justice, to release pending trial subject to the conditions that may be imposed in accordance with the law.

Such authority shall keep the necessity of detention under review. Nothing in this Body of Principles shall be construed as restricting or derogating from any right defined in the International Covenant on Civil and Political Rights. The core international human rights instruments. Universal human rights instruments. The International Bill of Human Rights.

Turn on more accessible mode. Turn off more accessible mode. Use of Terms For the purposes of the Body of Principles: a "Arrest" means the act of apprehending a person for the alleged commission of an offence or by the action of an authority; b "Detained person" means any person deprived of personal liberty except as a result of conviction for an offence; c "Imprisoned person" means any person deprived of personal liberty as a result of conviction for an offence; d "Detention" means the condition of detained persons as defined above; e "Imprisonment" means the condition of imprisoned persons as defined above; f The words "a judicial or other authority" means a judicial or other authority under the law whose status and tenure should afford the strongest possible guarantees of competence, impartiality and independence.

Principle 1 All persons under any form of detention or imprisonment shall be treated in a humane manner and with respect for the inherent dignity of the human person. Principle 2 Arrest, detention or imprisonment shall only be carried out strictly in accordance with the provisions of the law and by competent officials or persons authorized for that purpose.

Principle 3 There shall be no restriction upon or derogation from any of the human rights of persons under any form of detention or imprisonment recognized or existing in any State pursuant to law, conventions, regulations or custom on the pretext that this Body of Principles does not recognize such rights or that it recognizes them to a lesser extent.

Principle 4 Any form of detention or imprisonment and all measures affecting the human rights of a person under any form of detention or imprisonment shall be ordered by, or be subject to the effective control of, a judicial or other authority. Principle 5 1.