A/77/502
campaign to end violence against women and girls and against lesbian, gay, bisexual,
transgender and intersex persons often rooted in discriminatory laws, policies and
practices has gained impressive momentum yet is far from attaining its goal that all
persons be able to live their lives freely and peacefully, in their own way and able to
take their own decisions, without risking private or public forms of harassmen t, abuse
or torture.
11. Risks of abuse and torture are inextricably interlinked with the enjoyment and
exercise of other human rights, such as those of freedom of expression and assembly,
liberty and security of person, fair trial and the prohibition of discrimination in all its
forms. Justice, reconciliation and the rule of law cannot exist alongside impunity for
torture and other similar treatment or punishment. Sustainable Development Goal 16,
which compels Governments to create transparent and inclusi ve societies where
justice is available to all, is especially relevant to eradicating a number of underlying
causes of torture and other ill-treatment. Moreover, economic disadvantage and
poverty, which lie at the heart of the 2030 Agenda for Sustainable D evelopment and
which are compounded by other factors such as gender and/or ethnicity, also interface
with a heightened risk of being subjected to torture or other misconduct and thus need
to be addressed in national development and human rights strategies and plans. Lack
of equality, recognition, participation and access to resources is an underlying risk
factor facing persons living on the margins of society. 4 Relatedly, we must stay
attuned to the impacts of climate change, as well as the design and impl ementation of
mitigation and adaptation measures, so that all affected persons are treated humanely
and with dignity.
12. At the same time, there has been marked progress in many countries. Every
country in the world is party to at least one of the bindin g international treaties that
prohibit torture and other ill-treatment (see sect. IV). Almost every regional grouping
has additionally outlawed torture and other ill-treatment, and regional courts have
developed a robust set of jurisprudence reinforcing gu iding principles. Many
countries and communities recovering from sustained periods of oppressive control
have committed to never return to those dark days. Reconciliation and reparations
processes have given voice to victims and survivors to tell their sto ries, as well as to
have a say in the future design and governance of their communities. Torture -specific
rehabilitation services, while far from sufficient to meet demand, are these days
available in all corners of the globe, driven by the irreplaceable w ork being
undertaken by civil society and private practitioners. Today there are more avenues
than ever before for victims to obtain a remedy thanks to the growth in national human
rights institutions and courts, the emergence and entrenchment of internati onal
criminal law and the deployment of the concept of universal jurisdiction, although far
more action is required. The adoption of and training on the standard -setting Istanbul
Protocol, 5 which was recently updated, is providing quality forensic reports to assist
in the documentation and investigation of torture crimes, reports which are also relied
upon in asylum hearings. In addition, there are small and bold actions, too numerous
to mention, being taken every day by a wide number of countries and thei r officers,
supported by civil society, to enforce a human rights-oriented society that is
committed to preventing torture in all its forms. While the picture is far from perfect,
and at times and in some places it can only be described as bleak, examples of
progress provide us with symbols of hope.
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4
5
22-22673
A/55/290, paras. 34–37; Committee against Torture, general comment No. 2 (2007), paras. 20 –24;
Lutz Oette, “The prohibition of torture and persons living in poverty: from the margins to the
centre”, International & Comparative Law Quarterly, vol. 70, No. 2 (April 2021), pp. 307–341.
See Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, 2022 ed. (United Nations
publication, 2022).
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