A/77/502
• International Convention on the Suppression and Punishment of the Crime of
Apartheid (1973), art. II (a)(ii), (a)(iii), (b), (c), (d) and (f)
• Declaration on the Protection of All Persons from Being Subjected to Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (1975)
• Convention on the Elimination of All Forms of Discrimination against Women
(1979), art. 1 (interpretation) 33
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (1984)
• Convention on the Rights of the Child (1989), arts. 37, 39 and 40 (1)
• International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families (1990), art. 10
• Rome Statute of the International Criminal Court (1998), various articles 34
• Optional Protocol to the Convention against Torture (2002)
• Convention on the Rights of Persons with Disabilities (2006), arts. 15 and 16
41. In addition to the list above, there are a number of other widely accepted express
obligations in respect of ensuring humane treatment in places where persons are
deprived of their liberty (e.g. International Covenant on Civil and Political R ights,
art. 10) and to respect the right to liberty and security of person (e.g. ibid., art. 9).
42. Being at risk of torture further gives rise to international obligations to protect
persons through the provision of asylum and the customary norm to prot ect such
persons from refoulement:
• Convention relating to the Status of Refugees (1951), art. 1
• Convention relating to the Status of Stateless Persons (1954), art. 1
43. These early and widely ratified conventions provide status, rights and standar ds
of treatment for persons seeking sanctuary in States other than their country of
nationality or former habitual residence, such that the denial of said standards has been
held to run counter to the prohibition against inhuman or degrading treatment or
punishment. They also crucially protect against refoulement to risks of persecution,
which is also a peremptory norm of international law; 35 so do the Convention against
Torture and other human rights treaties explicitly prohibit removal in any manner to a
threat of torture. 36 An estimated 30 per cent of refugees in Europe are torture victims,
and rates elsewhere are likely to be similar or higher, making these conventions and
the rights of refugees and asylum-seekers of relevance to the mandate.
44. Regional treaties and declarations are equally unanimous in their condemnation
of torture and are instructive, along with related case law, on how to prevent and
respond to it:
__________________
33
34
35
36
22-22673
Committee on the Elimination of Discrimination against Women, general recommendation No . 35
(2017) on gender-based violence against women, updating general recommendation No . 19.
Arts. 8 (2)(a)(ii) and 8 (2)(c)(i) and (ii), rights of persons during an investigation (ar t. 55 (1)(b)),
as well as crimes against humanity (art. 7 (1)(f) and (k)).
See the Declaration of States Parties to the 1951 Convention and/or its 1967 Protocol relating to the
Status of Refugees, adopted at the Ministerial Meeting of States Parties of 12–13 December 2001
(HCR/MMSP/2001/09), preambular para. 4. See also Executive Committee conclusion No. 25
(XXXIII), para. (b), in which the Executive Committee of the Office of the United Nations High
Commissioner for Refugees observed that “the principle of non-refoulement ... was progressively
acquiring the character of a peremptory rule of international law”; see further A/52/12/Add.1.
Convention against Torture, art. 3.
13/17