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Pathways to, conditions and consequences of incarceration for women 2013, para. 83
- Paragraph text
- These rules supplement the standards of the Standard Minimum Rules for the Treatment of Prisoners and the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules), which afford protection to all prisoners and offenders, respectively. Other applicable international standards include the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment; the Basic Principles for the Treatment of Prisoners; the United Nations Rules for the Protection of Juveniles Deprived of their Liberty; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice; and the Code of Conduct for Law Enforcement Officials. Although these rules are non binding instruments, they constitute authoritative guides to the content of binding treaty standards and customary international law.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Solitary confinement 2011, para. 81
- Paragraph text
- Considering the severe mental pain or suffering solitary confinement may cause when used as a punishment, during pretrial detention, indefinitely or for a prolonged period, for juveniles or persons with mental disabilities, it can amount to torture or cruel, inhuman or degrading treatment or punishment. The Special Rapporteur is of the view that where the physical conditions and the prison regime of solitary confinement fail to respect the inherent dignity of the human person and cause severe mental and physical pain or suffering, it amounts to cruel, inhuman or degrading treatment or punishment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Persons with disabilities
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 80a
- Paragraph text
- [Whether or not a customary norm prohibiting the death penalty has crystallized, the Special Rapporteur calls upon all retentionist States to observe rigorously the restrictions and conditions imposed by article 7 of the International Covenant on Civil and Political Rights and article 1 or article 16 of the Convention against Torture. The Special Rapporteur calls upon retentionist States:] To abolish the use of the death penalty for juveniles, persons with mental disabilities and pregnant women and give further consideration to abolishing the death penalty for persons over the age of 70 years and for recent mothers;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Adolescents
- Persons with disabilities
- Women
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 84c
- Paragraph text
- [With regard to legislation, the Special Rapporteur calls upon all States:] To adhere to the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, the United Nations Rules for the Protection of Juveniles Deprived of their Liberty and the United Nations Guidelines for the Prevention of Juvenile Delinquency.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 58
- Paragraph text
- In addition, and especially relevant to the emergence of a customary norm to consider the death penalty as running afoul of the prohibition of torture and cruel, inhuman and degrading treatment, is evidence of a consistent global practice by States that reflects the view that the imposition and enforcement of the death penalty in breach of those standards is a violation per se of the prohibition of torture or cruel, inhuman or degrading treatment. This conclusion originates from the fact that international law does not attribute a different value to the right to life of different groups of human beings, such as juveniles, persons with mental disabilities, pregnant women or persons sentenced after an unfair trial, but considers the imposition and enforcement of the death penalty in such cases as particularly cruel, inhuman and degrading and in violation of article 7 of the Covenant and articles 1 and 16 of the Convention against Torture.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Women
- Year
- 2012
- Paragraph type
- Other
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 64
- Paragraph text
- Not only is the enforcement of the death penalty in these cases considered a violation per se of the prohibition of torture and cruel, inhuman and degrading treatment and punishment but the related State practice has led to the emergence of a jus cogens provision regarding the execution of juveniles.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Year
- 2012
- Paragraph type
- Other
Paragraph
Review of the standard minimum rules for the treatment of prisoners 2013, para. 61
- Paragraph text
- The Rules should prohibit the use and imposition of indefinite solitary confinement either as part of a judicially imposed sentence or a disciplinary measure, and alternative disciplinary sanctions should be introduced to avoid the use of solitary confinement. The Rules should also prohibit prolonged solitary confinement and frequently renewed measures that amount to prolonged solitary confinement. The Rules should establish a maximum term of days beyond which solitary confinement is considered prolonged. The Rules should explicitly prohibit the imposition of solitary confinement of any duration for juveniles, persons with psychosocial disabilities or other disabilities or health conditions, pregnant women, women with infants and breastfeeding mothers (see the United Nations Rules for the Treatment of Women Prisoners, rule 22, and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, rule 67). No prisoner, including those serving life sentence and prisoners on death row, shall be held in solitary confinement merely because of the gravity of the crime.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Adolescents
- Women
- Year
- 2013
- Paragraph type
- Other
Paragraph
The right of the child to freedom of expression 2014, para. 45
- Paragraph text
- The effects of limits on children's right to freedom of expression spill out of the school gates into public life. Children, just as adults, may be subject to excessive violence or arbitrary detention for expressing political views. For example, the Committee on the Rights of the Child recently highlighted such violations to the Syrian Arab Republic in relation to the arrest and incommunicado detention of a group of children between 8 and 15 years of age accused of painting anti-government graffiti on a school wall in the southern town of Dara'a (see CRC/C/SYR/CO/3-4, para. 46). It also expressed its concern to Belarus about the detention of adolescents during demonstrations held in the context of presidential elections in December 2010 (see CRC/C/BLR/CO/3-4, para. 35).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Children
- Year
- 2014
- Paragraph type
- Other
Paragraph
Solitary confinement 2011, para. 29
- Paragraph text
- In the same year, the General Assembly adopted resolution 45/113, the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. In paragraph 67 the Assembly asserted that "All disciplinary measures constituting cruel, inhuman or degrading treatment shall be strictly prohibited, including ... solitary confinement or any other punishment that may compromise the physical or mental health of the juvenile concerned".
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Adolescents
- Year
- 2011
- Paragraph type
- Other
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 62
- Paragraph text
- The death penalty cannot be applied for crimes committed by persons under 18 years of age. In Michael Domingues v. United States (2002), the Inter-American Commission canvassed international legal and political developments and State practice concerning the execution of juveniles and reached the conclusion that the state of international law had evolved so as to prohibit, as a jus cogens norm, the execution of persons who were under 18 years of age at the time of committal of their crimes. This is in line with the jurisprudence of the Human Rights Committee. In Roper v. Simmons (2005), the United States Supreme Court held that under the evolving standards of decency test, it was cruel and unusual punishment to execute a person who was under the age of 18 years at the time of the murder. Remarkably, in January 2012, the Government of the Islamic Republic of Iran, one of the most persistent retentionist countries, adopted the Islamic Penal Code which established new measures to limit the sentencing to death of juveniles (A/HRC/21/29 and Corr.1, para. 8). The abolition of the death penalty for juveniles is based on the fact that their limited capacity has a direct impact on their effectively benefiting from the right to a fair trial and that it is inherently cruel to execute children and would therefore amount to a violation of the prohibition of torture and cruel, inhuman and degrading treatment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Year
- 2012
- Paragraph type
- Other
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 21
- Paragraph text
- In all his endeavours, the Special Rapporteur will promote adherence to, and ratification of, core relevant human rights treaties. At the same time, the Special Rapporteur will also promote so-called soft-law standards such as, but not limited to, the Nelson Mandela Rules, the Body of Principles for the Protection of all Persons under Any Form of Detention or Imprisonment, the Bangkok Rules, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, the Code of Conduct for Law Enforcement Officials, the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and other relevant instruments. Ultimately, the Special Rapporteur will prioritize results-based pragmatism rather than formalism without, however, compromising on applicable norms, terms and standards. Therefore, the primary focus of the Special Rapporteur will not necessarily be to achieve universal ratification of relevant treaties, but rather to advocate for the implementation, in actual practice, of norms, procedures and mechanisms for the effective prevention of torture or other cruel, inhuman or degrading treatment or punishment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Year
- 2017
- Paragraph type
- Other
Paragraph
The right of the child to freedom of expression 2014, para. 12
- Paragraph text
- There is no reference in article 13 to the child's evolving capacities, nor is a minimum age or a certain degree of maturity for the exercise of the right to freedom of expression fixed. In this sense, freedom of expression has been regarded as having a developmental aspect, since its aim is to enable children to develop their minds and themselves in society with others and grow into citizens participating in public life. Children's freedom of expression does not - and cannot - start when children become capable of expressing their views autonomously or become teenagers; they cannot be expected to develop as autonomous beings and participants in society at the magical age of 18 years without having had the opportunity beforehand.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Adolescents
- Children
- Year
- 2014
- Paragraph type
- Other
Paragraph
Solitary confinement 2011, para. 32
- Paragraph text
- The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment has pointed out that prolonged solitary confinement may amount to an act of torture and other cruel, inhuman or degrading treatment or punishment and recommended that solitary confinement should not be used in the case of minors or the mentally disabled (CAT/OP/PRY/1, para. 185). The Subcommittee has also recommended that a medical officer should visit prisoners held in solitary confinement every day, on the understanding that such visits should be in the interests of the prisoners' health. Furthermore, prisoners held in solitary confinement for more than 12 hours should have access to fresh air for at least one hour each day (CAT/OP/PRY/1, para. 184). In view of the condition of solitary confinement, the Subcommittee has pointed out that beds and proper mattresses should be made available to all inmates, including prisoners held in solitary confinement (CAT/OP/HND/1, para. 227 (a), and CAT/OP/PRY/1, para. 280).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Year
- 2011
- Paragraph type
- Other
Paragraph
13 shown of 13 entities