Astuces de recherche
trié par
30 Listé sur un total de 5617 Entités
Financialization of housing and the right to adequate housing 2017, para. 41
- Paragraph text
- In circumstances where Governments should be relying on positive measures and resource allocation to provide housing to households affected by economic downturns and widespread unemployment, many have been held accountable to austerity measures imposed by creditors. They have agreed to dramatically reduce or eliminate housing programmes, privatize social housing and sell off massive amounts of housing and real estate assets to private equity funds.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Service regulation and human rights to water and sanitation 2017, para. 85
- Paragraph text
- When administrative or national quasi-judicial mechanisms do not exist or are not able to successfully resolve a dispute, the right to an effective remedy requires that people whose rights to water and sanitation have been affected be able to turn to a court. A right of judicial review as a last resort is sometimes indispensable. In this context, it is critical that judicial systems uphold the justiciability of the human rights to water and sanitation in line with international human rights law.
- Organe
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Water & Sanitation
- Personnes concernées
- All
- N.A.
- Année
- 2017
Paragraphe
Effects of pesticides on the right to food 2017, para. 1
- Paragraph text
- The present report of the Special Rapporteur on the right to food was written in collaboration with the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes. Pesticides, which have been aggressively promoted, are a global human rights concern, and their use can have very detrimental consequences on the enjoyment of the right to food. Defined as any substance or mixture of substances of chemical and biological ingredients intended to repel, destroy or control any pest or regulate plant growth, pesticides are responsible for an estimated 200,000 acute poisoning deaths each year, 99 per cent of which occur in developing countries, where health, safety and environmental regulations are weaker and less strictly applied. While records on global pesticide use are incomplete, it is generally agreed that application rates have increased dramatically over the past few decades.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Food & Nutrition
- Health
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Effects of pesticides on the right to food 2017, para. 7
- Paragraph text
- Without or with minimal use of toxic chemicals, it is possible to produce healthier, nutrient-rich food, with higher yields in the longer term, without polluting and exhausting environmental resources. The solution requires a holistic approach to the right to adequate food that includes phasing out dangerous pesticides and enforcing an effective regulatory framework grounded on a human rights approach, coupled with a transition towards sustainable agricultural practices that take into account the challenges of resource scarcity and climate change.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Food & Nutrition
- Health
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Effects of pesticides on the right to food 2017, para. 2
- Paragraph text
- Despite the harms associated with excessive and unsafe pesticide practices, it is commonly argued that intensive industrial agriculture, which is heavily reliant on pesticide inputs, is necessary to increase yields to feed a growing world population, particularly in the light of negative climate change impacts and global scarcity of farmlands. Indeed, over the past 50 years, the global population has more than doubled, while available arable land has only increased by about 10 per cent. Evolving technology in pesticide manufacture, among other agricultural innovations, has certainly helped to keep agricultural production apace of unprecedented jumps in food demand. However, this has come at the expense of human health and the environment. Equally, increased food production has not succeeded in eliminating hunger worldwide. Reliance on hazardous pesticides is a short-term solution that undermines the rights to adequate food and health for present and future generations.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Food & Nutrition
- Health
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Effects of pesticides on the right to food 2017, para. 43
- Paragraph text
- Indeed, article 12 of the International Covenant provides a right to the highest attainable level of health and obligates States to take measures to improve all aspects of environmental and industrial hygiene. In its general comment No. 14 (2000) on the right to the highest attainable standard of health, the Committee embraces the notion that the right extends to the underlying determinants of health, such as safe food, potable water, safe and healthy working conditions and a healthy environment. It also notes that the obligation to improve industrial and environmental hygiene essentially entails the right to a healthy workplace, including the prevention and reduction of exposure to harmful substances, and the minimization of the causes of health hazards inherent in the workplace. With regard to pesticide exposure, human rights law underlines the obligation on States to ensure that people live and work in safe and healthy environments and have access to safe and clean food and water. As such, exposure to pesticides, whether at work, as a bystander or via residue found on food or in water, would violate a person’s right to the highest attainable level of health.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Financialization of housing and the right to adequate housing 2017, para. 10
- Paragraph text
- The report builds on important work undertaken by the previous Special Rapporteur on the right to housing. In her 2012 report on the impact of finance policies on the right to housing of those living in poverty (A/67/286), she warned of emerging trends towards the financialization of housing encouraged by States' abandonment of social housing programmes and increased reliance on private market solutions. She documented attempts by States to rely on the private market and homeownership, which increases inequality and fails to address the housing needs of low-income and marginalized groups. More fundamentally, she called for a paradigm shift through which housing would once again be recognized as a fundamental human right rather than as a commodity. The present report takes up that challenge.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Financialization of housing and the right to adequate housing 2017, para. 60
- Paragraph text
- In the first case to be considered by the Committee on Economic, Social and Cultural Rights under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, I.D.G. v. Spain, the Committee considered States' obligations to ensure access to justice in the context of mortgage foreclosure. As a result of a domestic court's lack of diligence, the author of the communication had not received notification of mortgage enforcement proceedings and received no other communication prior to an auction order. In those circumstances, the Committee found that the author's right to access to justice to protect the right to housing had been violated. The Committee found that "such notice in respect of a foreclosure application needs to be adequate, in accordance with the standards of the Covenant applicable to the right to housing". The Committee clarified that Spain should ensure that no eviction takes place without due process guarantees, affirming that "the right to housing should be ensured to all persons irrespective of income or access to economic resources".
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 2017
Paragraphe
The role of digital access providers 2017, para. 71
- Paragraph text
- Even if local law limits full transparency, companies should nonetheless disclose all relevant and publishable information. For example, if companies are prohibited from disclosing the origin or basis of a shutdown request, they should nevertheless seek to provide regular updates about the services affected or restored, the steps they are taking to address the issue and explanations after the fact. Innovative transparency measures, such as the publication of aggregate data and the selective withholding of information, also mitigate the impact of gag orders and other non-disclosure laws. Companies should disclose all the local laws with which they comply and, where possible, challenge any law or regulation that prevents or hinders them from being transparent to users and the general public.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2017
Paragraphe
The role of digital access providers 2017, para. 70
- Paragraph text
- Transparency is a key feature of the digital access industry’s responsibility to respect. Information about government activities that require corporate assistance or involvement should be disclosed to the maximum extent allowed by law. Companies should be mindful that such information is primarily used by civil society to challenge human rights abuses in court, register grievances before domestic or international mechanisms on behalf of users or seek alternative means of accountability. Accordingly, such disclosures should be regular and ongoing, and in an accessible format that provides appropriate context.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
Paragraphe
The role of digital access providers 2017, para. 77
- Paragraph text
- The Human Rights Council, in its resolution 32/13, condemned unequivocally measures to intentionally prevent or disrupt access to or dissemination of information online in violation of international human rights law, and called upon all States to refrain from and cease such measures. This condemnation, which is critical to the Council’s promotion of human rights online, should be supplemented and specified. Intentional prevention or disruption of access includes any action that shuts down or renders ineffective access to telecommunications networks, mobile services, social media platforms and so forth. Future work of the Council that clarifies the rules that apply to digital access, as outlined in this report, would advance the right to freedom of opinion and expression online.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Service regulation and human rights to water and sanitation 2017, para. 47
- Paragraph text
- National standards must ensure that the water used for each personal and domestic use is safe for human health as regards the presence of microorganisms, chemical substances and radiological hazards. The WHO Guidelines for Drinking-Water Quality provide guidance for setting national regulations and standards for water safety in support of public health. The Guidelines describe reasonable minimum safe-practice requirements to protect health and provide numerical “guideline values” for constituents of water or indicators of water quality. When defining mandatory limits, the Guidelines are an authoritative source and must be taken into consideration in the context of local or national environmental, social, economic and cultural conditions.
- Organe
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Health
- Water & Sanitation
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Report of the Working Group of Experts on People of African Descent on its nineteenth and twentieth sessions 2017, para. 56
- Paragraph text
- The Working Group concludes that growing income, wealth and other forms of inequality are threats to social stability. Without change, growing inequalities and segregation disrupt our societies, and people of African descent are the first victims. The eradication of structural racism is key for attaining the Sustainable Development Goals. This is further underlined in the Durban Declaration and Programme of Action, which emphasize that poverty, underdevelopment, marginalization, social exclusion and economic disparities are closely associated with racism, racial discrimination, xenophobia and related intolerance and contribute to the persistence of racist attitudes and practices, which in turn generate more poverty.
- Organe
- Working Group of experts on people of African descent
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Service regulation and human rights to water and sanitation 2017, para. 57
- Paragraph text
- Access to information and transparency are essential in order for participation to be meaningful. Regulatory actors must enable a culture of transparency by providing access to information that is objective, comprehensible, clear and consistent and is made available to everybody in different formats and in the appropriate language. The Special Rapporteur has observed that in El Salvador, decisions on water rationing measures are not systematically publicized and there seems to be no standard rule for informing users about such measures (see A/HRC/33/49/Add.1, para. 32). Similarly, the results of quality tests on water for human consumption are neither made public nor sent to users. Regulation of the ways in which information should be shared is therefore essential.
- Organe
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Report of the Working Group of Experts on People of African Descent on its nineteenth and twentieth sessions 2017, para. 77
- Paragraph text
- States must ensure that people of African descent have access to quality education which enables them to compete on an equal footing with others in the labour market. States must acknowledge the persistence of structural racism and multiple forms of discrimination within the education system and must therefore put in place appropriate legislation and affirmative action policies to tackle the problem. School curriculums for all should take into consideration an accurate account of the history of the transatlantic trade in enslaved Africans, enslavement and colonialism.
- Organe
- Working Group of experts on people of African descent
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2017
Paragraphe
State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities 2017, para. 51
- Paragraph text
- Violations of Covenant rights will often be remedied by an individual claim against the State, whether on the basis of the Covenant itself or on the basis of domestic constitutional or legislative provisions that incorporate the guarantees of the Covenant. However, where the violation is directly attributable to a business entity, victims should be able to sue such an entity either directly on the basis of the Covenant in jurisdictions which consider that the Covenant imposes self-executing obligations on private actors, or on the basis of domestic legislation incorporating the Covenant in the national legal order. In this regard, civil remedies play an important role in ensuring access to justice for victims of violations of Covenant rights.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 11
- Paragraph text
- Sexual and reproductive health and rights entail a set of freedoms and entitlements. They encompass the right to have control over decisions concerning sexuality and reproduction without discrimination, coercion and violence, and the right to access a range of sexual and reproductive health facilities, services, goods and information. Sexual and reproductive health services include, inter alia, contraceptive counselling, information, education, communication and services; education and services for prenatal care, safe delivery and postnatal care; the prevention and appropriate treatment of infertility; safe abortion services; the prevention and treatment of sexually transmitted and reproductive tract infections; and sexual and reproductive health information, education and counselling (see A/CONF.171/13/Rev.1, chap. VII).
- Organe
- Special Rapporteur on the rights of persons with disabilities
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 12
- Paragraph text
- When the people and civil society benefit, States, international organizations and international society as a whole benefit, too.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Access to information in international organizations 2017, para. 10
- Paragraph text
- The right to information under international law has its roots in article 19 of the Universal Declaration of Human Rights and in article 19 of the International Covenant on Civil and Political Rights. As formulated in the International Covenant, everyone enjoys the “freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice”. The Human Rights Committee has provided a clear enunciation of what the right involves, emphasizing that article 19 “embraces a right of access to information held by public bodies”. “Such information”, the Committee noted, “includes records held by a public body, regardless of the form in which the information is stored, its source and the date of production” (CCPR/C/GC/34, para. 18). Moreover, the Committee emphasized that the right does not merely depend on public authorities’ reaction to requests for information: “To give effect to the right of access to information, States parties should proactively put in the public domain Government information of public interest. States parties should make every effort to ensure easy, prompt, effective and practical access to such information. States parties should also enact the necessary procedures, whereby one may gain access to information, such as by means of freedom of information legislation. The procedures should provide for the timely processing of requests for information according to clear rules that are compatible with the Covenant. Fees for requests for information should not be such as to constitute an unreasonable impediment to access to information. Authorities should provide reasons for any refusal to provide access to information. Arrangements should be put in place for appeals from refusals to provide access to information as well as in cases of failure to respond to requests (CCPR/C/GC/34, para. 19).”
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Corruption and the right to health 2017, para. 3
- Paragraph text
- In many countries health is among the most corrupt sectors. Health sector corruption, including for example the bribing of health officials and unofficial payments to health-care providers, obstructs the ability of States to fulfil their right to health obligation and to guarantee available, accessible, acceptable and good quality health services, goods and facilities. Yet corruption affecting health also occurs in other sectors and industries, for example, the water sector, and the food and beverages, tobacco and other industries. Moreover, corruption has significant implications for equality and non-discrimination since it has a particularly marked impact on the health of populations in situations of vulnerability and social exclusion, in particular those living in poverty and children.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Poverty
- Personnes concernées
- All
- Children
- Année
- 2017
Paragraphe
Corruption and the right to health 2017, para. 15
- Paragraph text
- The lesser form of corruption, namely, petty corruption, is quite common in the health sector and includes informal payments from patient to health-care provider, absenteeism of health personnel and preferential treatment. These forms of corruption are also sometimes called “survival corruption”, as they are exacerbated by a lack of resources in health-care settings, poor working conditions, low pay, and hierarchical structures, which drive people to engage in such acts. There is evidence that this “microform” of corruption has a particularly negative effect on the poor in society, as they are often unable to pay the bribes necessary for a certain service.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Health
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Corruption and the right to health 2017, para. 35
- Paragraph text
- Corruption also infringes medical ethics, which are an essential component of acceptable health care. Lastly, in terms of quality, corruption can affect the quality of medicines, for example, when regulators are bribed to carry out less rigorous checks, or when hospital administrators purchase medicines of unknown quality. Quality can also be compromised where bribes are extorted or accepted in decisions on hiring staff, or accrediting, licensing or certifying facilities, in deciding which medicines to include on essential medicines lists, or to market unregulated medicines, which can increase mortality and morbidity among those affected, as well as hampering disease control efforts. Nepotism, cronyism and other forms of favouritism can also compromise the quality of health and health-related services.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Corruption and the right to health 2017, para. 58
- Paragraph text
- The medical profession has a responsibility to abstain from unethical and unprofessional behaviour under its professional codes, which often emphasize a commitment to integrity and non-corrupt behaviour. Among other acts, the medical profession is to refrain from favouritism and other forms of preferential treatment for well-connected individuals; accepting bribes; using hospital equipment for private business; and referring public hospital patients to their private practices. They should remain independent from outside organizations that have vested interests in their clinical activities. They should avoid conflicts of interest that compromise their decisions regarding the care of patients.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Corruption and the right to health 2017, para. 68
- Paragraph text
- Thus, the framework of institutional corruption highlights both the harm done and what is lost, namely, harm to patients; loss of public trust and confidence in the integrity of academic medicine; and distortion of the scientific evidence base. It exposes the economies of influence that contribute to those harms and losses and it is a call for action to neutralize those influences. Below, the Special Rapporteur reviews three main areas in the mental health field using this framework, namely, the process of development and promotion of diagnostic categories for mental health conditions, psychotropic drug research and clinical practice guidelines.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- N.A.
- Année
- 2017
Paragraphe
Corruption and the right to health 2017, para. 48
- Paragraph text
- Where there is opacity surrounding decisions at the political, macro or micro levels, corruption can flourish, go undetected and occur with impunity. Transparency unveils corruption and is inextricably linked to the right to access information, participation and accountability. Access to information and transparency laws provide a framework for addressing corrupt practices, while the regulations and monitoring arrangements are also vital. Transparency can often be enhanced by the participation of rights holders and civil society organizations in decision-making processes that may be prone to corrupt practices.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 7
- Paragraph text
- According to the principle of legality, any use of force by State agents must pursue a lawful purpose and must be based on and regulated by national law. Lawful purposes typically include effecting the arrest or preventing the escape of a person suspected of having committed a crime, self-defence or defence of others against an unlawful threat of death or serious injury, or dispersing violent assemblies. A further parameter of legality is the equal treatment of all persons before the law in accordance with the principle of non-discrimination (see A/HRC/26/36, para. 74, and A/HRC/31/66, para. 15). States must provide express authority for the use of force in their national law and must regulate the matter in line with their obligations under international law.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 21
- Paragraph text
- A definition of torture was set out in article 1 of the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1975, as follows: 1 ... torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining from him or a third person information or confession, punishing him for an act he has committed or is suspected of having committed, or intimidating him or other persons. It does not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions to the extent consistent with the Standard Minimum Rules for the Treatment of Prisoners. 2 Torture constitutes an aggravated and deliberate form of cruel, inhuman or degrading treatment or punishment.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 28
- Paragraph text
- Second, torture constitutes an aggravated form of cruel, inhuman or degrading treatment or punishment. “Aggravation” here refers to aggravated wrong, which does not necessarily require aggravated pain and suffering. As pointed out by the Inter-American Court of Human Rights, “the violation of an individual’s right to physical and mental integrity has different levels that range from torture to other types of abuse or cruel, inhuman or degrading treatment, the physical and mental consequences of which vary in intensity according to factors that are endogenous and exogenous to the individual (such as, duration of the treatment, age, sex, health, context, and vulnerability), which must be analysed in each specific situation”.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 38
- Paragraph text
- The Committee against Torture has repeatedly held that police brutality and excessive use of force outside the context of detention can fall within its purview (for example, A/50/44, para. 126, CAT/C/VEN/CO/3-4, para. 12, CAT/C/TUR/CO/4, para. 15, and CAT/C/KOR/CO/3-5, para. 13). In V.L. v. Switzerland, a case involving multiple rapes, the Committee noted that “the complainant was clearly under the physical control of the police even though the acts concerned were perpetrated outside formal detention facilities” (CAT/C/37/D/262/2005, annex, para. 8.10). It found that State agents had inflicted severe pain and suffering on her, for purposes such as interrogation, intimidation, punishment, humiliation and discrimination based on gender, and concluded that “the sexual abuse by the police in this case constitutes torture even though it was perpetrated outside formal detention facilities” (ibid.).
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2017
Paragraphe