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Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 11
- Paragraph text
- A proportionality assessment must always be made in the light of the circumstances of each case. As a general rule, potentially lethal force must not be used except where strictly necessary to: (a) defend any person against the imminent threat of death or serious injury; (b) prevent the perpetration o f a particularly serious crime involving grave threat to life; or (c) arrest a person presenting such a danger or prevent their escape. Intentionally lethal force may only be used when strictly unavoidable in order to protect life from an unlawful attack. 15 For example, even the aim of lawful arrest cannot justify the use of firearms to stop a thief or pickpocket not otherwise posing a threat to life and limb. In such cases, considerations of proportionality require that the risk of the suspect escaping arre st is to be preferred over the risk of causing the suspect’s death or serious injury. Other factors that may be relevant in evaluating the degree of force that is proportionate include the individual’s behaviour, age, gender and health.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Violence
- Personas afectadas
- All
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 16
- Paragraph text
- It should be noted that the above-mentioned principles govern the use of force, not only in extra-custodial settings, but also where riots, unrest or other violent incidents occur within places of detention. 20 Depending on the circumstances, they may also be relevant in determining the permissibility of invasive health and security procedures, such as the taking of bodily samples or a strip search. 21 In their relations with persons deprived of their liberty, law enforcement officials may not use force, except when strictly necessary for the maintenance of security and order within the institution or when personal safety is threatened, and they may not use firearms, except in self-defence or in the defence of others against the immediate threat of death or serious injury or when strictly necessary to prevent the escape of an inmate presenting a threat of death or serious injury.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Health
- Violence
- Personas afectadas
- All
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Agenda setting of the work of the Special Rapporteur 2015, para. 63
- Paragraph text
- Additionally, the Special Rapporteur envisages building upon the work of the mandate in the area of protection of the rights of victims of trafficking and access to justice. In that regard, she intends to further follow up on the basic principles on the right to an effective remedy for trafficked persons, which provide for remedies for victims of trafficking, including restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition, and call on States to ensure that access to those measures shall not depend on the victim's capacity or willingness to cooperate in legal proceedings. When looking into remaining gaps in the conceptualization of the right to an effective remedy and the operationalization of the basic principles at the national level, the Special Rapporteur expects to further delve into issues such as the possible types of trafficking exploitation covered by the principles, what the barriers to access to remedy are, whether the nature of the State responsibility affects the content of the reparation, the available forms of reparation, the accessibility of compensation funds to victims and the conditions for the protection of victims' rights in out of court settlements .
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Año
- 2015
- Fecha de adición
- 19 de ago. de 2019
Párrafo
SRSG on violence against children: Annual report 2013, para. 79
- Paragraph text
- As the Study recognizes, progress in violence prevention and elimination is strongly dependent on the effectiveness of efforts designed to strengthen a widely shared culture of non-violence and overcome the social acceptance of violence.
- Organismo
- Special Representative of the Secretary-General on violence against children
- Tipo de documento
- SRSG report
- Temas
- Violence
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 11
- Paragraph text
- A proportionality assessment must always be made in the light of the circumstances of each case. As a general rule, potentially lethal force must not be used except where strictly necessary to: (a) defend any person against the imminent threat of death or serious injury; (b) prevent the perpetration of a particularly serious crime involving grave threat to life; or (c) arrest a person presenting such a danger or prevent their escape. Intentionally lethal force may only be used when strictly unavoidable in order to protect life from an unlawful attack. For example, even the aim of lawful arrest cannot justify the use of firearms to stop a thief or pickpocket not otherwise posing a threat to life and limb. In such cases, considerations of proportionality require that the risk of the suspect escaping arrest is to be preferred over the risk of causing the suspect’s death or serious injury. Other factors that may be relevant in evaluating the degree of force that is proportionate include the individual’s behaviour, age, gender and health.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Violence
- Personas afectadas
- All
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Diversity in humanity, humanity in diversity 2017, para. 62
- Paragraph text
- The present report is the first report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, and its theme is “diversity in humanity, humanity in diversity”. The phenomenon of violence and discrimination based on sexual orientation and gender identity is both local and global, requiring strong national and international countermeasures to promote respect for sexual and gender diversity under the umbrella of international human rights law. In recognizing that everyone has some form of sexual orientation and gender identity, there is the regrettable reality that some groups and persons are affected by violence and discrimination, precisely because they are viewed as having a sexual orientation and gender identity that is different from a particular societal norm. This is enmeshed in the political, social, cultural and economic setting of each country, which invites a context-specific analysis and understanding of each scenario. While human rights are inherent to all persons without distinction, the situation facing those groups and persons may vary; it is not necessarily homogeneous.
- Organismo
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Personas afectadas
- All
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
SRSG on violence against children: Annual report 2016, para. 80
- Paragraph text
- Although drafted at a time when the challenges associated with violence in cyberspace could hardly be anticipated, the Convention on the Rights of the Child and the Optional Protocols thereto provide a robust framework for addressing the challenges associated with online abuse.
- Organismo
- Special Representative of the Secretary-General on violence against children
- Tipo de documento
- SRSG report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Año
- 2016
- Fecha de adición
- 19 de ago. de 2019
Párrafo
SRSG on violence against children: Annual report 2016, para. 61
- Paragraph text
- It does not require the physical presence of the victim; indeed, it can be facilitated by anonymity. A single act online can be observed and disseminated by a large number of people, making it very difficult to assess how the victim will experience or re-experience it.
- Organismo
- Special Representative of the Secretary-General on violence against children
- Tipo de documento
- SRSG report
- Temas
- Violence
- Personas afectadas
- All
- Año
- 2016
- Fecha de adición
- 19 de ago. de 2019
Párrafo
SRSG on violence against children: Annual report 2016, para. 60
- Paragraph text
- Cyberbullying may be defined as an aggressive, intentional act carried out by an individual or a group using electronic forms of contact against a victim who cannot easily defend himself or herself. It is typically carried out repeatedly and over time, and is often characterized by an imbalance of power.
- Organismo
- Special Representative of the Secretary-General on violence against children
- Tipo de documento
- SRSG report
- Temas
- Violence
- Personas afectadas
- All
- Año
- 2016
- Fecha de adición
- 19 de ago. de 2019
Párrafo
SRSG on violence against children: Annual report 2015, para. 89
- Paragraph text
- States need to adopt a wide-ranging and integrated approach to prevent violence and to safeguard the rights and best interests of the child in all decisions, including the design, planning, implementation and evaluation of all legal, political, administrative and budgetary measures.
- Organismo
- Special Representative of the Secretary-General on violence against children
- Tipo de documento
- SRSG report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Children
- Año
- 2015
- Fecha de adición
- 19 de ago. de 2019
Párrafo
SRSG on violence against children: Annual report 2015, para. 85
- Paragraph text
- To counter the complex and multifaceted phenomenon of armed violence, it is essential to develop a comprehensive agenda where human rights are safeguarded, social inclusion and human development are promoted and people can live free from fear and violence.
- Organismo
- Special Representative of the Secretary-General on violence against children
- Tipo de documento
- SRSG report
- Temas
- Violence
- Personas afectadas
- All
- Año
- 2015
- Fecha de adición
- 19 de ago. de 2019
Párrafo
SRSG on violence against children: Annual report 2015, para. 73
- Paragraph text
- Beyond the direct damage it causes, armed violence has a psychological and cultural impact. Weapons are involved in forced recruitment into gangs and criminal networks and in kidnapping, abuse and sexual exploitation, torture, forced displacement and other serious human rights violations.
- Organismo
- Special Representative of the Secretary-General on violence against children
- Tipo de documento
- SRSG report
- Temas
- Violence
- Personas afectadas
- All
- Año
- 2015
- Fecha de adición
- 19 de ago. de 2019
Párrafo
SRSG on violence against children: Annual report 2014, para. 132
- Paragraph text
- The Special Representative looks forward to pursuing her collaboration with Member States and all other stakeholders in the further strengthening of this agenda and the building of a world free from violence.
- Organismo
- Special Representative of the Secretary-General on violence against children
- Tipo de documento
- SRSG report
- Temas
- Violence
- Personas afectadas
- All
- Año
- 2014
- Fecha de adición
- 19 de ago. de 2019
Párrafo
SRSG on violence against children: Annual report 2014, para. 52
- Paragraph text
- Violence is equally associated with high costs for society. It diverts billions of dollars from social spending, slows economic development and erodes nations' human and social capital. In a matter of hours, violence can destroy development gains that took years to achieve.
- Organismo
- Special Representative of the Secretary-General on violence against children
- Tipo de documento
- SRSG report
- Temas
- Violence
- Personas afectadas
- All
- Año
- 2014
- Fecha de adición
- 19 de ago. de 2019
Párrafo
SRSG on violence against children: Annual report 2014, para. 140
- Paragraph text
- The Special Representative looks forward to pursuing her collaboration with Member States and all other stakeholders in the further strengthening of this crucial agenda and the building of a world free from violence.
- Organismo
- Special Representative of the Secretary-General on violence against children
- Tipo de documento
- SRSG report
- Temas
- Violence
- Personas afectadas
- All
- N.A.
- Año
- 2014
- Fecha de adición
- 19 de ago. de 2019
Párrafo
SRSG on violence against children: Annual report 2013, para. 8
- Paragraph text
- Violence and deprivation are strongly interconnected and pave the way towards high risk of poor health, poor school performance and long-term welfare dependency. But beyond the cost to each individual victim, violence has serious costs for households, communities and national economies.
- Organismo
- Special Representative of the Secretary-General on violence against children
- Tipo de documento
- SRSG report
- Temas
- Poverty
- Violence
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
SRSG on violence against children: Annual report 2013, para. 106
- Paragraph text
- Poor rule of law and weak law enforcement performance facilitate the use of small arms, which in turn is associated with higher levels of homicide and organized crime and paves the way to a culture of impunity and increased levels of violence.
- Organismo
- Special Representative of the Secretary-General on violence against children
- Tipo de documento
- SRSG report
- Temas
- Violence
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
SRSG on violence against children: Annual report 2012, para. 94
- Paragraph text
- Poor rule of law and weak law enforcement performance facilitate the use of small arms, which in turn is associated with higher levels of homicide and organized crime and paves the way to a culture of impunity and increased levels of violence.
- Organismo
- Special Representative of the Secretary-General on violence against children
- Tipo de documento
- SRSG report
- Temas
- Violence
- Personas afectadas
- All
- Año
- 2012
- Fecha de adición
- 19 de ago. de 2019
Párrafo
SRSG on violence against children: Annual report 2011, para. 69
- Paragraph text
- Sound data and research are urgently needed in this field. Without reliable data, national planning is undermined, effective policymaking and resource mobilization are hampered, and targeted interventions are limited in their ability to address and prevent violence in schools.
- Organismo
- Special Representative of the Secretary-General on violence against children
- Tipo de documento
- SRSG report
- Temas
- Humanitarian
- Violence
- Personas afectadas
- All
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
SRSG on violence against children: Annual report 2010, para. 56
- Paragraph text
- With high-level participation and expertise from across regions, the meeting provided an excellent platform to present new evidence on interventions to prevent interpersonal violence and reflect on lessons from a wide range of country-level initiatives.
- Organismo
- Special Representative of the Secretary-General on violence against children
- Tipo de documento
- SRSG report
- Temas
- Gender
- Violence
- Personas afectadas
- All
- Año
- 2010
- Fecha de adición
- 19 de ago. de 2019
Párrafo
SRSG on violence against children: Annual report 2010, para. 44
- Paragraph text
- The Special Representative was associated with the dissemination of this research, which addresses a priority dimension of her mandate and provides a sound basis to raise awareness of this phenomenon, to promote positive non-violent alternatives and to inform policies and actions for violence prevention and responses.
- Organismo
- Special Representative of the Secretary-General on violence against children
- Tipo de documento
- SRSG report
- Temas
- Equality & Inclusion
- Violence
- Personas afectadas
- All
- N.A.
- Año
- 2010
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Pathways to, conditions and consequences of incarceration for women 2013, para. 27
- Paragraph text
- The Global Commission on Drug Policy argues that despite harsher laws and policies and rising incarceration rates, it is not clear that the drug policies are having their intended effect of reducing or eliminating drug offences.
- Organismo
- Special Rapporteur on violence against women, its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 71
- Paragraph text
- While extradition is instrumental in ensuring the efficient prosecution of suspected traffickers, thereby upholding the interests of both the victim and the State, the Special Rapporteur notes the importance of ensuring a rights-based approach to extradition, which would require consideration of the human rights implications of action at all stages of the extradition process. Such safeguards include an evidentiary test to protect individuals from being extradited on the basis of groundless allegations and/or from requests made in bad faith or to punish a person on account of their race, sex, religion, nationality, ethnic origin or political opinions. The Special Rapporteur also emphasizes the fact that the right to a fair trial, as provided for in articles 9, 14, 15 and 16 of the International Covenant on Civil and Political Rights, must apply to all extradited persons. Similarly, the principle of non-refoulement prohibits the return of a person where she or he would suffer discrimination or where this would result in the extradited individual being subjected to torture or cruel, inhuman or degrading treatment or punishment.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Año
- 2012
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Commissions of inquiry 2012, para. 23
- Paragraph text
- The purpose of the present report is to deepen the international community's dialogue on commissions of inquiry and to offer guidance on when such commissions should be created by States in response to patterns or practices of torture and other forms of ill-treatment. When used correctly, a commission of inquiry may be a powerful tool in uncovering and bringing an end to patterns of violations; taking first steps in addressing victims' right to know the truth and identifying reparation measures in consultation with victims; ensuring accountability of State institutions and compliance with international human rights law; and promoting democratic, citizen-driven participation in human rights monitoring. Additionally, commissions of inquiry can play an integral role in facilitating the formal investigation of current systems or legacies of torture and other forms of ill-treatment, and pave the way to effective and fair prosecutions. A wealth of experience has been acquired from commissions of inquiry established within national jurisdictions as well as by the international community in situations in which the discovery and disclosure of the truth is deemed essential to the preservation or restoration of peace and security of nations. Lessons can be drawn from these experiences on what factors lead to successful or unsuccessful commissions of inquiry.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Año
- 2012
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Overview of working methods and vision 2011, para. 49
- Paragraph text
- The Special Rapporteur reiterates that efforts to combat torture require a more victim-centred perspective that seeks an integrated long-term approach to adequate redress and reparation, including compensation and rehabilitation for victims of torture and their families. He recommends that the perspectives of victims of torture be included in the development of programmes and policies aimed at addressing torture. In that respect, the Special Rapporteur reiterates the importance of a victim-centred approach to dealing with victims and survivors of torture. Similarly, he believes that victims have an important role to play as interested parties in holding torturers accountable for their actions. Indeed, the criminal procedures of some States are more hospitable than others to this engagement by victims; nevertheless, without undermining defendants' rights to all guarantees of a fair trial, victims should be allowed to participate actively in attempts to hold torturers accountable. Efforts to provide assistance to victims must seek to recognize and validate the traumatising experience of torture they have suffered, prevent further isolation by reintegrating them into society, and address the fundamental aim of torture which is, often, to isolate and engender fear in victims in order to break their will.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Families
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Overview of main observations of five years fact-finding and research 2010, para. 45
- Paragraph text
- The magnitude of impunity has been one of - if not the most - disappointing findings of his tenure as Special Rapporteur. Impunity is almost total in most countries he has visited, despite undeniable, sometimes routine, widespread or even systematic practices of torture and in contravention of the clear obligation under the Convention against Torture to hold perpetrators of torture accountable under criminal law. As soon as there is a suspicion of torture or an explicit allegation, a thorough investigation should be initiated immediately or without any delay. It therefore has to be ensured that all public officials, in particular prison doctors, prison officials and magistrates who have reasons to suspect an act of torture or ill-treatment do report ex officio to the relevant authorities for proper investigation in accordance with article 12 of the Convention against Torture. Moreover, whereas the decision on whether to conduct an investigation should not be discretionary, but rather an obligation irrespective of the filing of a complaint, this is too often not the case. In addition, the lack of criminalization of torture and the mostly inadequate sanctions are the main factors contributing to impunity.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Año
- 2010
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Manifestations and causes of domestic servitude 2010, para. 50
- Paragraph text
- Economic and social human rights abuses, for instance, the threat of withholding food, water or essential medical care where the worker depends on the employer for these goods, can also place the victim in a position where she has no choice but to submit to exploitation.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Violence
- Personas afectadas
- All
- Año
- 2010
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 85
- Paragraph text
- An existing challenge, however, concerns the fact that sexual exploitation can also occur in schools. Appropriate policies and mechanisms need to be in place in order to prevent and report abuse within the school.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Education
- Violence
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Joint report with SRSG Violence against Children on child-sensitive complaint mechanisms 2011, para. 51
- Paragraph text
- Various forms of mandatory reporting were addressed by Government contributions to the present report. In most cases, the obligation relates to sexual, physical and psychological violence.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Health
- Violence
- Personas afectadas
- All
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 24
- Paragraph text
- The right to privacy is often understood as an essential requirement for the realization of the right to freedom of expression. Undue interference with individuals' privacy can both directly and indirectly limit the free development and exchange of ideas. Restrictions of anonymity in communication, for example, have an evident chilling effect on victims of all forms of violence and abuse, who may be reluctant to report for fear of double victimization. In this regard, article 17 of ICCPR refers directly to the protection from interference with "correspondence", a term that should be interpreted to encompass all forms of communication, both online and offline. As the Special Rapporteur noted in a previous report, the right to private correspondence gives rise to a comprehensive obligation of the State to ensure that e-mails and other forms of online communication are actually delivered to the desired recipient without the interference or inspection by State organs or by third parties.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo