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Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 56
- Paragraph text
- In carrying out his mandate, the Special Rapporteur will always endeavour to engage in an open, respectful and constructive dialogue with States and other international, regional and non-governmental stakeholders, and aim to gain mutual trust and consolidated understanding of all relevant perspectives, concerns and challenges before drawing any conclusions or trying to identify the most suitable manner of action.
- 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
- All
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 55
- Paragraph text
- The Special Rapporteur is of the firm view that there is no better deterrent to torture than a strong national will to combat and prevent such abhorrent abuse. In addition to visiting places of detention, therefore, the Special Rapporteur will use the opportunity of fact-finding visits to encourage States to take effective legislative, administrative and judicial measures to prevent torture. In particular, wherever necessary, the Special Rapporteur will call upon States to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Optional Protocol thereto and to establish independent and professional national preventive mechanisms.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Persons on the move
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 53
- Paragraph text
- Therefore, the first priority of the Special Rapporteur will be to unequivocally reaffirm the absolute and universal prohibition of all, and any, forms of torture and other cruel, inhuman or degrading treatment or punishment, to further clarify the contours and meaning of these terms in the light of the evolving challenges marking the contemporary international environment, and to call on States and non-State actors alike to renounce, and to prevent impunity for, any such practice.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 52
- Paragraph text
- At the same time, the Special Rapporteur cannot ignore that, despite more than three decades of dedicated work of the mandate and countless other international, governmental and non-governmental stakeholders, torture and other cruel, inhuman or degrading treatment or punishment are still rampant in most, if not all, parts of the world. In particular, the Special Rapporteur observes with alarm that, since the turn of the century, the rise of transnational terrorism, organized crime and other actual or perceived threats has given way to an increasing tolerance for violent political narratives and popular beliefs that not only trivialize torture and other cruel, inhuman or degrading treatment or punishment but even promote and incite their use in the name of national security and the fight against terrorism.
- 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
- All
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 49
- Paragraph text
- The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment sincerely thanks the Human Rights Council for the confidence in him demonstrated by his nomination. He is aware of the great responsibility of his office and is fully committed to carrying it out to the best of his ability and for the benefit of humanity as a whole.
- 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
- Person(s) affected
- All
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 46
- Paragraph text
- As far as the due diligence of territorial States is concerned, the Special Rapporteur is of the view that the exercise of control by an organized armed group as de facto authority over the population of a State does not deprive the people living in this territory of their rights. States therefore have a due diligence obligation to protect individuals under their jurisdiction from cruel, inhuman or degrading treatment or punishment on the part of non-State actors. Thus, even where armed groups have brought part of the national territory under their control, Governments are not absolved from doing everything feasible in the circumstances to protect their citizens from torture and ill-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
- Humanitarian
- Person(s) affected
- All
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 45
- Paragraph text
- This focus area raises questions of the due diligence of States as well as, to a certain extent, of the direct obligations of non-State actors as far as the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment is concerned. It should be recalled that, although non-State actors are not directly bound by human rights treaties, there are other treaty provisions prohibiting torture and other cruel, inhuman or degrading treatment or punishment that may be directly binding on them. Most notably, under international humanitarian law, both States and non-State actors are absolutely prohibited from resorting to torture and other cruel, inhuman or degrading treatment or punishment for reasons related to an armed conflict. Moreover, any person resorting to torture or other cruel, inhuman or degrading treatment or punishment amounting to a war crime, a crime against humanity, or even genocide is subject to prosecution under international criminal law. Arguably, the universal prohibition of torture and other cruel, inhuman or degrading treatment or punishment can also be based on a general principle of law, namely what the International Court of Justice referred to as "elementary considerations of humanity". According to article 38 of the Statute of the International Court of Justice, such general principles of law constitute an independent source of international law along with treaties and custom.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 42
- Paragraph text
- The Special Rapporteur therefore aims to clarify how terms such as "torture", "cruel", "inhuman" and "degrading" should be interpreted within the context of extra-custodial use of force, particularly in view of potential justifications such as law enforcement, crowd control, or self-defence or defence of others. He will also examine how this subject area interrelates with the protection of other fundamental rights such as, most notably, the right of peaceful assembly, freedom of expression and the right to life. Further, the Special Rapporteur plans to examine the extent to which the use of certain types of weapons, riot control devices or other means and methods of law enforcement would have to be considered intrinsically cruel, inhuman or degrading in the light of their immediate to long-term consequences.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- All
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 41
- Paragraph text
- In the past, the attention of the mandate has focused predominantly on fighting the use of torture and other cruel, inhuman or degrading treatment or punishment against persons deprived of their liberty. It has not yet systematically examined the extent to which the use of force by law enforcement officers and other officials outside the context of detention (so-called extra-custodial use of force) can come within the purview of the mandate. The question is particularly relevant where State officials resort to unnecessary, disproportionate or otherwise excessive force without, however, directly infringing the right to life. While it is clear that States must be in a position to use all appropriate means, including necessary and proportionate force, with a view to maintaining public security and law and order, experience shows that it is precisely in situations where force is used in insufficiently controlled environments that the risk of arbitrariness and abuse is highest.
- 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
- All
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 30
- Paragraph text
- International law requires that States guarantee the effective protection of persons at risk of torture and ill-treatment, in particular persons deprived of their liberty who are under the complete control of the detaining authorities. Indeed, arrest and deprivation of liberty are inherently associated with a risk of intimidation, torture and other ill-treatment, and experience shows that this risk is especially high in the very early stages of custody and detention. At times, initial police custody or remand detention is extended beyond the legally permissible period, thus making the detained individual particularly vulnerable to abuse. Moreover, while the physical and psychological conditions of detention in police custody may be acceptable for periods up to 48 hours, they often are completely inadequate for housing persons for any longer periods.
- 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
- All
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 26
- Paragraph text
- Law enforcement officers and officials from other investigative bodies are obliged to respect and protect the inherent dignity and physical and mental integrity of all persons, including suspects, witnesses and victims. Nevertheless, the use of torture, other ill-treatment, coercion and intimidation against persons in custody and during interviews continues unabated in most if not all regions of the world. This is so not only despite the universal and absolute prohibition of such practices, but also despite scientific and historical evidence that abusive and coercive techniques elicit unreliable information and have adverse operational, institutional and public safety consequences.
- 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
- All
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 24
- Paragraph text
- The Istanbul Protocol is a uniquely and fundamentally important tool for the prevention of torture and other ill-treatment around the world. Discussions have started in recent years about how to strengthen and enhance the Protocol to better support torture victims' pursuit of justice.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 22
- Paragraph text
- The Istanbul Protocol is the first set of international guidelines for the forensic investigation and documentation of torture. It sets standards and procedures for the assessment of persons who allege to have been subjected to torture and other forms of ill-treatment, for investigation of alleged torture cases and for reporting such findings to the judiciary and other investigative bodies.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 19
- Paragraph text
- The prohibition of torture is absolute and non-derogable, meaning that "no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture". The prohibition of torture must not be limited or balanced against any other right or concern, and States are not permitted to derogate from their obligations even in times of emergency or armed conflict (see A/HRC/13/39/Add.5, paras. 41-42). Likewise, the prohibition of cruel, inhuman or degrading treatment or punishment is considered to be non-derogable and, therefore, must be observed in all circumstances. The gravity of torture also finds expression in the attendant obligations on States to adopt effective legislative, administrative, judicial and/or other measures to prevent acts of torture or other ill-treatment in any territory under their jurisdiction, the obligation to criminalize acts of torture, and the customary international law obligation to investigate, prosecute and punish all acts of torture and other ill-treatment as codified, inter alia, in the Convention.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 17
- Paragraph text
- In carrying out his mandate, the Special Rapporteur will always endeavour to engage in an open, respectful and constructive dialogue with States and other international, regional and non-governmental stakeholders and aim to gain a consolidated understanding of all relevant perspectives, concerns and challenges before drawing any conclusions or trying to identify the most suitable manner of action.
- 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
- All
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 16
- Paragraph text
- In the view of the Special Rapporteur, the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment may well constitute the most fundamental achievement of mankind, and any tolerance, complacency or acquiescence in such practices, however exceptional and well argued, will inevitably lead down a slippery slope towards complete arbitrariness and brute force, a disgrace for all of humanity. During his tenure, therefore, the primary focus of the Special Rapporteur will be to unequivocally reaffirm the absolute and universal prohibition of all, and any, forms of torture and other cruel, inhuman or degrading treatment or punishment; to further clarify the contours and meaning of these terms in the light of the evolving challenges marking the contemporary international environment; and to call on State and non-State actors alike to renounce, and to prevent impunity for, any such practices. The Special Rapporteur intends to complement these efforts with reports on certain thematic focus areas relevant to the mandate, some of which are outlined below.
- 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
- All
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 14
- Paragraph text
- At the same time, the Special Rapporteur cannot ignore a troubling discrepancy between, on the one hand, the professed consensus opinions, solemn declarations and commitments made by States at the diplomatic level and, on the other hand, the disillusioning reality of millions of victims of torture and other cruel, inhuman or degrading treatment or punishment. Despite more than three decades of dedicated work of the mandate and countless other international, governmental and non-governmental stakeholders, torture and other cruel, inhuman or degrading treatment or punishment are still rampant in most, if not all, parts of the world. The Special Rapporteur observes with alarm that, since the turn of the century, the rise of transnational terrorism, organized crime and other actual or perceived threats has given way to an increasing tolerance of violent political narratives and popular beliefs that not only trivialize torture and other cruel, inhuman or degrading treatment or punishment, but even promote and incite their use in the name of national security and the fight against terrorism.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2017
Paragraph
Work of the mandate and priorities of the SR 2015, para. 122o
- Paragraph text
- [In that connection, at the outset of his tenure, the Special Rapporteur would like to put forward the following observations:] Violence, as a public health problem, needs to be addressed with concerted efforts by all actors as a human rights challenge, having a detrimental impact on the health of individuals and societies. There should be no excuse or justification for any form of violence;
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Work of the mandate and priorities of the SR 2015, para. 122k
- Paragraph text
- [In that connection, at the outset of his tenure, the Special Rapporteur would like to put forward the following observations:] There is no health without mental health. Good mental health means much more than the absence of mental impairment. Modern understanding of mental health includes good emotional and social well-being and healthy non-violent relations between individuals and groups with mutual trust, tolerance and respect of the dignity of every person;
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Work of the mandate and priorities of the SR 2015, para. 122e
- Paragraph text
- [In that connection, at the outset of his tenure, the Special Rapporteur would like to put forward the following observations:] The meaningful participation and empowerment of all stakeholders should be promoted, in particular of groups in vulnerable situations, and effective monitoring and accountability mechanisms need to be in place to ensure the full realization of the right to health;
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Work of the mandate and priorities of the SR 2015, para. 121
- Paragraph text
- States have the primary responsibility to ensure a conducive environment for the full realization of the right to health, and related rights. But the role of other stakeholders is crucial in this respect.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Work of the mandate and priorities of the SR 2015, para. 117
- Paragraph text
- The Edinburgh Declaration on medical education should be recalled and education and research reoriented to the basics of social medicine through training in community settings and fostering social sciences and qualitative methods, which are as relevant as biomedical sciences and quantitative research. That would help in restoring the balance with a holistic approach to promoting the health and well-being of individuals and societies.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Work of the mandate and priorities of the SR 2015, para. 116
- Paragraph text
- Strengthening the human rights dimension in health-care education curricula would be in the interests not only users of health services but also of medical doctors and other members of the health-care workforce. Medical education, as well as medical and health research, should help in providing tools to address imbalances when power asymmetries lead to too much focus on the tertiary level of health care, biomedical technologies and other components of the excessively exploited biomedical model.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Work of the mandate and priorities of the SR 2015, para. 115
- Paragraph text
- Education in the health-care sector is one important element in that regard. The doctrine of the "five star doctor" needs to be reaffirmed in the light of translating modern values and scientific evidence into everyday medical practice. Modern medical doctors need to be not only good clinicians but also effective community leaders, communicators, decision makers and managers. That doctrine should be complemented by a strong human rights-based approach and evidence gained from the modern public health approach.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Work of the mandate and priorities of the SR 2015, para. 113
- Paragraph text
- It is crucial to strengthen the trust and cooperation between public institutions and those representing the State and civil society actors representing the general public, including the most disadvantaged groups of society. The importance thereof should not be underestimated. Civil society plays a key role as agent of change, advocates good practices, provides independent monitoring and, in many instances, provides necessary services. Trustful partnerships between government agencies, State-run health-care services and the non-profit sector, including civil society, constitute one of the cornerstones of effective health systems and act as a guarantee for the effective realization of health-related human rights.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Work of the mandate and priorities of the SR 2015, para. 111
- Paragraph text
- The meaningful involvement of all actors and the empowerment of those who make use of services, especially the poor and other groups in vulnerable situations, is a crucial precondition for the full realization of the enjoyment by everyone of the right to health and other rights.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Work of the mandate and priorities of the SR 2015, para. 106
- Paragraph text
- From the public health perspective, the cumulative effect of a large number of "mild cases" generates a heavier burden for the health of population than a smaller number of "severe cases". The practice of tolerating and justifying milder forms of violence can pave the way to severe violations of human rights, which can amount to grave violations and even atrocities.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Work of the mandate and priorities of the SR 2015, para. 103
- Paragraph text
- Evidence has shown that, when violence is addressed proactively as a public health issue, there are more opportunities to break the cycle of violence, poverty and helplessness and, in the longer run, to significantly reduce the prevalence of all forms of violence, including collective violence.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Health
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Work of the mandate and priorities of the SR 2015, para. 101
- Paragraph text
- Protection from all forms of violence is considered by the Special Rapporteur as a cross-cutting issue present in all key elements of the realization of the right to health. As the United Nations High Commissioner for Human Rights has recently underlined, violence and human rights violations are often rooted in the deprivation and discrimination of individuals and communities. Such violations are not generated spontaneously but "result from policy choices which limit freedoms and participation, and create obstacles to the fair sharing of resources and opportunities". Violence needs to be addressed in a comprehensive and proactive way, not only as a cause of serious violations of human rights, but also as a consequence of a lack of political will to effectively invest in human rights, including the right to health.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Work of the mandate and priorities of the SR 2015, para. 84
- Paragraph text
- In some regions, resources allocated to mental health care are used ineffectively and predominantly for maintaining large segregated psychiatric long-term care institutions and separate psychiatric hospitals. In such institutions, psychotropic medications are too often overprescribed, including as a measure of chemical restraint or even as a punishment. That is an example of an imbalance: when resources are used for biomedical interventions and institutionalization and not for the development of psychosocial interventions through community-based services meeting more closely the individual needs of people. Such imbalances feed ineffective systems, reinforce stigma and social exclusion and lead to systemic violations of human rights, sometimes amounting to torture or ill-treatment.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph