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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. 47
- Paragraph text
- In addition, an increasing number of States delegate part of their law enforcement, intelligence and military operations to private military or security companies. Outsourced tasks and functions may range from the protection of specific persons, objects and infrastructure to running facilities for the processing of asylum seekers or even entire detention facilities for criminal suspects and convicts, and may even include the use of force. In this environment, allegations of individual contractors' involvement in serious human rights violations - including participation in torture and other cruel, inhuman or degrading treatment or punishment - continue to emerge. It is therefore important to recall that States cannot absolve themselves from international legal responsibility for acts of torture and other cruel, inhuman or degrading treatment or punishment carried out by private military or security contractors operating on their behalf.
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 44
- Paragraph text
- So far, steps taken by the mandate to combat torture have focused almost entirely on States as potential perpetrators. Yet organized armed groups, private military and security contractors, mercenaries, foreign fighters and other non-State actors are increasingly engaged in conduct that adversely interferes with human rights, including the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. For the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment to retain its practical relevance, however, it must also provide for practical protection against violations on the part of non-State actors.
- 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
- Persons on the move
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 40
- Paragraph text
- The Special Rapporteur intends to contribute to the ongoing reflection on the links between forced migration and torture. To this end, he hopes to conduct consultations with relevant stakeholders with a view to preparing a thematic report addressing the specific issue of torture and ill-treatment faced by migrants and refugees. Through this report, the Special Rapporteur hopes to contribute to the overall efforts of the international community towards the adoption of a global compact for safe, orderly and regular migration by 2018.
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 39
- Paragraph text
- Finally, the Special Rapporteur is also interested in researching how to better assist States in preventing and investigating acts of torture and other ill-treatment suffered by refugees, asylum seekers and other irregular migrants at the hands of non-State actors such as traffickers and smugglers.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 38
- Paragraph text
- The Special Rapporteur fully endorses the long-standing jurisprudence and doctrine stating that the absolute prohibition against refoulement contained in the Convention against Torture is stronger than that found in refugee law under article 33 of the 1951 Convention relating to the Status of Refugees. This absolute prohibition means that persons may not be returned even when they may not otherwise qualify for refugee status under the 1951 Convention or domestic law. Accordingly, non-refoulement under the Convention against Torture must be assessed independently of refugee or asylee status determinations, so as to ensure that the fundamental right to be free from torture or other ill-treatment is respected even in cases where non-refoulement under refugee law may be circumscribed.
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 37
- Paragraph text
- The Special Rapporteur will also closely monitor the conditions under which some irregular migrants, including asylum seekers and refugees, are being returned to their countries of origin or relocated to countries of transit under readmission agreements negotiated with countries that may have committed gross human rights violations, including torture. In doing so, the Special Rapporteur will advocate for the full application of article 3 of the Convention, which provides that no State party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he/she would be in danger of being subjected to torture, and that for the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 36
- Paragraph text
- Of particular interest to the Special Rapporteur's mandate will be the use by many, if not all, Governments of detention as a migration management tool in arrival, transit and removal centres. During his fact-finding visits, the Special Rapporteur intends to visit places where irregular migrants are held with a view to ensuring that they are not subjected to treatment and conditions of detention amounting to torture or other cruel, inhuman or degrading treatment or punishment. The Special Rapporteur is of the view that monitoring both official and de facto places of detention where irregular migrants are held would be instrumental for assisting authorities in addressing possible cases of abuse and improving the conditions of life of this population.
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 35
- Paragraph text
- In this context, the Special Rapporteur intends to look with a renewed degree of scrutiny into the particular risks of torture and other cruel, inhuman or degrading treatment or punishment faced by irregular migrants in today's world. He will do so keeping in mind the New York Declaration for Refugees and Migrants, adopted by the General Assembly on 19 September 2016, in which States committed to protect the human rights of all refugees and migrants.
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 34
- Paragraph text
- This rise in the number of forced displacements is paralleled by a growing and worrying tendency around the world to criminalize irregular migration, to deter applications for asylum and to detain people on the move. In this context, refugees, asylum seekers and other irregular migrants have become more vulnerable to human rights violations, including torture and 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)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 33
- Paragraph text
- Conflicts, violence, persecution, poverty and food insecurity are driving unprecedented waves of people to cross international borders in a desperate search for safety. According to the Office of the United Nations High Commissioner for Refugees, in 2015 alone, 65.3 million individuals were forcibly displaced worldwide, the largest number since the Second World War.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Humanitarian
- Movement
- Poverty
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 32
- Paragraph text
- The Special Rapporteur is interested in conducting a global survey on how States implement such safeguards. He will actively cooperate with Governments during his tenure to identify challenges and best practices and to encourage States to live up to their obligations to fully implement relevant safeguards in order to make detainees' rights a reality rather than an aspiration.
- 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
- Persons on the move
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 31
- Paragraph text
- Procedural safeguards have been developed to counter the risk of torture and other cruel, inhuman or degrading treatment or punishment, and their implementation is key to eradicating such abuse in practice (see A/HRC/13/39/Add.5, para. 81). Among the most basic but important safeguards is the immediate and adequate registration of any arrest and detention, as well as the prohibition on holding anyone in unofficial places of detention. Other guarantees include the detainees' right to have prompt access to independent legal counsel and medical assistance and to have their families notified of their arrest. In addition, each individual has the right to challenge the legality of his/her detention and treatment before an independent court. There must be formal procedures by which a detainee is informed of his/her rights, so as to enable him/her to enjoy those rights.
- 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
- Persons on the move
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 15
- Paragraph text
- The Special Rapporteur feels compelled to recall that today, after a century marked by two world wars and some of the most outrageous atrocities in human history, thousands of prisoners, war victims, migrants and other vulnerable men, women and children are still being abused, exploited, murdered or simply left to die every day in a no man's land of indifference; that there are still States openly practising or advocating interrogation methods based on the infliction of excruciating pain and anguish and on the irreparable destruction of human beings; that there are still Governments finding no fault in sacrificing justice for political convenience by choosing not to prosecute officials suspected or known to have resorted to, ordered, justified or enabled the use of torture and other cruel, inhuman or degrading treatment or punishment; and that a growing number of States are refusing to subject their citizens to international criminal jurisdiction even for the most barbarous of international crimes.
- 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
- Children
- Men
- Persons on the move
- Women
- Year
- 2017
Paragraph
Work of the mandate and priorities of the SR 2015, para. 43
- Paragraph text
- For example, such a retrogressive tendency has been observed in the area of sexual and reproductive health and rights, and with regard to discrimination against groups in vulnerable situations, including children, documented and undocumented migrants, persons with disabilities and lesbian, gay, bisexual and transgender persons. In his reports and through his other activities, the Special Rapporteur will highlight the need and importance of applying the principle of the interdependence and indivisibility of human rights, and will underline how essential this is for 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)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- LGBTQI+
- Persons on the move
- Persons with disabilities
- Year
- 2015
Paragraph
Work of the mandate and priorities of the SR 2015, para. 30
- Paragraph text
- Other thematic reports have explored the enjoyment of the right to health and the underlying determinants, including water and sanitation, occupational health, the right to health in conflict, unhealthy foods, and the right to health of migrants, older persons and persons with psychosocial disabilities (including the key issue of informed consent).
- 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
- Water & Sanitation
- Person(s) affected
- Older persons
- Persons on the move
- Persons with disabilities
- Year
- 2015
Paragraph
Work in progress, challenges and the way forward 2017, para. 27
- Paragraph text
- In view of the possible extension of his mandate, the Special Rapporteur would like to review the situation of persons acting to defend the rights of migrants. In the light of the situation in Europe and other parts of the world, such as Africa, Oceania and Central America, this subject seems particularly relevant.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Women’s access to justice 2015, para. 53b
- Paragraph text
- [The Committee recommends that States parties:] Ensure that a decision rejecting an application is reasoned and that the claimant is able to appeal to a competent body against the decision, and that the implementation of any prior administrative decisions is suspended pending further judicial review. This is of particular importance in the area of asylum and migration law, where appellants may be deported before having the chance to have their cases heard;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 51n
- Paragraph text
- [The Committee recommends that States parties:] Ensure that mechanisms are in place to monitor places of detention, pay special attention to the situation of women prisoners and apply international guidance and standards on the treatment of women in detention;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 40
- Paragraph text
- Given the diversity of institutions and judicial arrangements around the world, some elements placed under one field of law in one country may be placed elsewhere in another. For example, the definition of discrimination may or may not be included in the Constitution; protection orders may appear under family law and/or under criminal law; and asylum and refugee issues may be dealt with by administrative courts or by quasi-judicial bodies. States parties are asked to consider the paragraphs below in that light.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Women
- Year
- 2015
Paragraph
Women’s access to justice 2015, para. 9
- Paragraph text
- Other factors that make it more difficult for women to gain access to justice include illiteracy, trafficking, armed conflict, status as an asylum seeker, internal displacement, statelessness, migration, being a female head of household, widowhood, living with HIV, deprivation of liberty, criminalization of prostitution, geographical remoteness and stigmatization of women fighting for their rights. That human rights defenders and organizations are frequently targeted because of their work must be emphasized and their own right to access to justice protected.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
Paragraph
Women migrant workers 2008, para. undefined
- Paragraph text
- The Committee, however, emphasizes that all categories of women migrants fall within the scope of the obligations of States parties to the Convention and must be protected against all forms of discrimination by the Convention.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2008
Paragraph
Women migrant workers 2008, para. 29
- Paragraph text
- States parties are encouraged to ratify all international instruments relevant to the protection of the human rights of migrant women workers, in particular, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Women
- Year
- 2008
Paragraph
Women migrant workers 2008, para. 28
- Paragraph text
- States parties should include in their reports information about the legal framework, policies and programmes they have implemented to protect the rights of women migrant workers, taking into consideration the sex- and gender-based human rights concerns listed in paragraphs 10 to 22 and guided by the recommendations given in paragraphs 23 to 27 of this general recommendation. Adequate data should be collected on the enforcement and effectiveness of laws, policies and programmes and the de facto situation of women migrant workers, so that the information in the reports is meaningful. This information should be provided under the most appropriate articles of the Convention, guided by the suggestions given against all the recommendations.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2008
Paragraph
Women migrant workers 2008, para. 27b (ii)
- Paragraph text
- [Measures that are required include but are not limited to the following:] [Best practices and sharing of information, as follows:] States parties should cooperate on providing information on perpetrators of violations of the rights of women migrant workers. When provided with information regarding perpetrators within their territory, States parties should take measures to investigate, prosecute and punish them (article 2 (c)).
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2008
Paragraph
Women migrant workers 2008, para. 27b (i)
- Paragraph text
- [Measures that are required include but are not limited to the following:] [Best practices and sharing of information, as follows:] States parties are also encouraged to share their experience of best practices and relevant information to promote the full protection of the rights of women migrant workers (article 3);
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2008
Paragraph
Women migrant workers 2008, para. 27a
- Paragraph text
- [Measures that are required include but are not limited to the following:] Bilateral and regional agreements: States parties who are sending or receiving and transit countries should enter into bilateral or regional agreements or memorandums of understanding protecting the rights of women migrant workers as elaborated in this general recommendation (article 3);
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2008
Paragraph
Women migrant workers 2008, para. 26l
- Paragraph text
- [States parties in countries where migrant women work should take all appropriate measures to ensure non-discrimination and the equal rights of women migrant workers, including in their own communities. Measures that may be required include, but are not limited to, the following:] Protection of undocumented women migrant workers: the situation of undocumented women needs specific attention. Regardless of the lack of immigration status of undocumented women migrant workers, States parties have an obligation to protect their basic human rights. Undocumented women migrant workers must have access to legal remedies and justice in cases of risk to life and of cruel and degrading treatment, or if they are coerced into forced labour, face deprivation of fulfilment of basic needs, including in times of health emergencies or pregnancy and maternity, or if they are abused physically or sexually by employers or others. If they are arrested or detained, the States parties must ensure that undocumented women migrant workers receive humane treatment and have access to due process of the law, including through free legal aid. In that regard, States parties should repeal or amend laws and practices that prevent undocumented women migrant workers from using the courts and other systems of redress. If deportation cannot be avoided, States parties need to treat each case individually, with due consideration to the gender-related circumstances and risks of human rights violations in the country of origin (articles 2 (c), (e) and (f));
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2008
Paragraph
Women migrant workers 2008, para. 26k
- Paragraph text
- [States parties in countries where migrant women work should take all appropriate measures to ensure non-discrimination and the equal rights of women migrant workers, including in their own communities. Measures that may be required include, but are not limited to, the following:] Social inclusion of women migrant workers: States parties should adopt policies and programmes with the aim of enabling women migrant workers to integrate into the new society. Such efforts should be respectful of the cultural identity of women migrant workers and protective of their human rights, in compliance with the Convention (article 5);
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2008
Paragraph
Women migrant workers 2008, para. 26j
- Paragraph text
- [States parties in countries where migrant women work should take all appropriate measures to ensure non-discrimination and the equal rights of women migrant workers, including in their own communities. Measures that may be required include, but are not limited to, the following:] The rights of women migrant workers in detention, whether they are documented or undocumented: States parties should ensure that women migrant workers who are in detention do not suffer discrimination or gender-based violence, and that pregnant and breastfeeding mothers as well as women in ill health have access to appropriate services. They should review, eliminate or reform laws, regulations, or policies that result in a disproportionate number of women migrant workers being detained for migration-related reasons (articles 2 (d) and 5);
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2008
Paragraph