Departures permitted under the foregoing Article shall be carried
out in satisfactory conditions as regards safety, hygiene, sanitation
and food. All costs in connection therewith, from the point of exit
in the territory of the Detaining Power, shall be borne by the country
of destination, or, in the case of accommodation in a neutral country,
by the Power whose nationals are benefited. The practical details
of such movements may, if necessary, be settled by special agreements
between the Powers concerned.
The foregoing shall not prejudice such special
agreements as may be concluded between Parties to the conflict concerning
the exchange and repatriation of their nationals in enemy hands.
Protected persons who are confined pending proceedings or serving
a sentence involving loss of liberty, shall during their confinement
be humanely treated.
As soon as they are released, they may ask
to leave the territory in conformity with the foregoing Articles.
With the exception of special measures authorized by the present
Convention, in particularly by Article 27 and 41 thereof, the situation
of protected persons shall continue to be regulated, in principle,
by the provisions concerning aliens in time of peace. In any case,
rights shall be granted to them:
(1) they shall be enabled to receive the individual
or collective relief that may be sent to them.
(2) they shall, if their state of health so requires, receive medical
attention and hospital treatment to the same extent as the nationals
of the State concerned.
(3) they shall be allowed to practise their religion and to receive
spiritual assistance from ministers of their faith.
(4) if they reside in an area particularly exposed to the dangers
of war, they shall be authorized to move from that area to the same
extent as the nationals of the State concerned.
(5) children under fifteen years, pregnant women and mothers of
children under seven years shall benefit by any preferential treatment
to the same extent as the nationals of the State concerned.
Protected persons who, as a result of the war, have lost their gainful
employment, shall be granted the opportunity to find paid employment.
That opportunity shall, subject to security considerations and to
the provisions of Article 40, be equal to that enjoyed by the nationals
of the Power in whose territory they are.
Where a Party to the conflict applies to a
protected person methods of control which result in his being unable
to support himself, and especially if such a person is prevented
for reasons of security from finding paid employment on reasonable
conditions, the said Party shall ensure his support and that of
Protected persons may in any case receive
allowances from their home country, the Protecting Power, or the
relief societies referred to in Article 30.
Protected persons may be compelled to work only to the same extent
as nationals of the Party to the conflict in whose territory they
If protected persons are of enemy nationality,
they may only be compelled to do work which is normally necessary
to ensure the feeding, sheltering, clothing, transport and health
of human beings and which is not directly related to the conduct
of military operations.
In the cases mentioned in the two preceding
paragraphs, protected persons compelled to work shall have the benefit
of the same working conditions and of the same safeguards as national
workers in particular as regards wages, hours of labour, clothing
and equipment, previous training and compensation for occupational
accidents and diseases.
If the above provisions are infringed, protected
persons shall be allowed to exercise their right of complaint in
accordance with Article 30.
Should the Power, in whose hands protected persons may be, consider
the measures of control mentioned in the present Convention to be
inadequate, it may not have recourse to any other measure of control
more severe than that of assigned residence or internment, in accordance
with the provisions of Articles 42 and 43.
In applying the provisions of Article 39,
second paragraph, to the cases of persons required to leave their
usual places of residence by virtue of a decision placing them in
assigned residence, by virtue of a decision placing them in assigned
residence, elsewhere, the Detaining Power shall be guided as closely
as possible by the standards of welfare set forth in Part III, Section
IV of this Convention.
The internment or placing in assigned residence of protected persons
may be ordered only if the security of the Detaining Power makes
it absolutely necessary.
If any person, acting through the representatives
of the Protecting Power, voluntarily demands internment, and if
his situation renders this step necessary, he shall be interned
by the Power in whose hands he may be.