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Implementation of article 2 by States parties 2008, para. 20
- Paragraph text
- The principle of non-discrimination is a basic and general principle in the protection of human rights and fundamental to the interpretation and application of the Convention. Non-discrimination is included within the definition of torture itself in article 1, paragraph 1, of the Convention, which explicitly prohibits specified acts when carried out for "any reason based on discrimination of any kind…". The Committee emphasizes that the discriminatory use of mental or physical violence or abuse is an important factor in determining whether an act constitutes torture.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- N.A.
- Année
- 2008
Paragraphe
Implementation of article 14 by States parties 2012, para. 42
- Paragraph text
- Similarly, granting immunity, in violation of international law, to any State or its agents or to non-State actors for torture or ill-treatment, is in direct conflict with the obligation of providing redress to victims. When impunity is allowed by law or exists de facto, it bars victims from seeking full redress as it allows the violators to go unpunished and denies victims full assurance of their rights under article 14. The Committee affirms that under no circumstances may arguments of national security be used to deny redress for victims.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 3
- Paragraph text
- Victims are persons who have individually or collectively suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that constitute violations of the Convention. A person should be considered a victim regardless of whether the perpetrator of the violation is identified, apprehended, prosecuted or convicted, and regardless of any familial or other relationship between the perpetrator and the victim. The term "victim" also includes affected immediate family or dependants of the victim as well as persons who have suffered harm in intervening to assist victims or to prevent victimization. The term "survivors" may, in some cases, be preferred by persons who have suffered harm. The Committee uses the legal term "victims" without prejudice to other terms which may be preferable in specific contexts.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Families
- Année
- 2012
Paragraphe
Implementation of article 2 by States parties 2008, para. 18
- Paragraph text
- The Committee has made clear that where State authorities or others acting in official capacity or under colour of law, know or have reasonable grounds to believe that acts of torture or ill-treatment are being committed by non-State officials or private actors and they fail to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors consistently with the Convention, the State bears responsibility and its officials should be considered as authors, complicit or otherwise responsible under the Convention for consenting to or acquiescing in such impermissible acts. Since the failure of the State to exercise due diligence to intervene to stop, sanction and provide remedies to victims of torture facilitates and enables non-State actors to commit acts impermissible under the Convention with impunity, the State's indifference or inaction provides a form of encouragement and/or de facto permission. The Committee has applied this principle to States parties' failure to prevent and protect victims from gender-based violence, such as rape, domestic violence, female genital mutilation, and trafficking.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Governance & Rule of Law
- Harmful Practices
- Violence
- Personnes concernées
- All
- Année
- 2008
Paragraphe
Gender-based violence against women, updating general recommendation No. 19 2017, para. 29e
- Paragraph text
- [The Committee recommends that States parties implement the following legislative measures:] Ensure that sexual assault, including rape, is characterized as a crime against the right to personal security and physical, sexual and psychological integrity and that the definition of sexual crimes, including marital and acquaintance or date rape, is based on the lack of freely given consent and takes into account coercive circumstances. Any time limitations, where they exist, should prioritize the interests of the victims/survivors and give consideration to circumstances hindering their capacity to report the violence suffered to the competent services or authorities.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Establishment of national institutions to facilitate the implementation of the Convention 1993, para. 1
- Paragraph text
- Considers that an international tribunal with general jurisdiction should be established urgently to prosecute genocide, crimes against humanity, including murder, extermination, enslavement, deportation, imprisonment, torture, rape, persecutions on political, racial and religious grounds and other inhumane acts directed against any civilian population, and grave breaches of the Geneva Conventions of 1949 and the Additional Protocols of 1977 thereto;
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 1993
Paragraphe
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 21
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] States parties should prevent and most severely punish violence, acts of torture, cruel, inhuman or degrading treatment and all violations of human rights affecting persons belonging to the groups referred to in the last paragraph of the preamble which are committed by State officials, particularly police and army personnel, customs authorities, and persons working in airports, penal institutions and social, medical and psychiatric services.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2004
Paragraphe
Establishment of an international tribunal to prosecute crimes against humanity 1994, para. 1
- Paragraph text
- Considers that an international tribunal with general jurisdiction should be established urgently to prosecute genocide, crimes against humanity, including murder, extermination, enslavement, deportation, imprisonment, torture, rape, persecutions on political, racial and religious grounds and other inhumane acts directed against any civilian population, and grave breaches of the Geneva Conventions of 1949 and the Additional Protocols of 1977 thereto;
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 1994
Paragraphe
Discrimination against non-citizens 2004, para. 18
- Paragraph text
- [Recommends,] [Based on these general principles, that the States parties to the Convention, as appropriate to their specific circumstances, adopt the following measures:] Ensure that non-citizens enjoy equal protection and recognition before the law and in this context, to take action against racially motivated violence and to ensure the access of victims to effective legal remedies and the right to seek just and adequate reparation for any damage suffered as a result of such violence;
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2004
Paragraphe
Racial discrimination against people of African descent 2011, para. 28
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Also ensure the protection of the security and integrity of people of African descent without any discrimination by adopting measures for preventing racially motivated acts of violence against them; ensure prompt action by the police, prosecutors and the judiciary for investigating and punishing such acts; and ensure that perpetrators, be they public officials or other persons, do not enjoy impunity.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Establishment of an international tribunal to prosecute crimes against humanity 1994, para. 1
- Paragraph text
- Alarmed at the increasing number of racially and ethnically motivated massacres and atrocities occurring in different regions of the world,
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- All
- Année
- 1994
Paragraphe
Establishment of national institutions to facilitate the implementation of the Convention 1993, para. 1
- Paragraph text
- Alarmed at the increasing number of racially and ethnically motivated massacres and atrocities occurring in different regions of the world,
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Violence
- Personnes concernées
- All
- Année
- 1993
Paragraphe
The right of the child to freedom from all forms of violence 2011, para. 72i
- Paragraph text
- [Elements to be mainstreamed into national coordinating frameworks. The following elements need to be mainstreamed across the measures (legislative, administrative, social and educational) and stages of intervention (from prevention through to recovery and reintegration):] Coordination mechanisms. Mechanisms must be explicitly outlined to ensure effective coordination at central, regional and local levels, between different sectors and with civil society, including the empirical research community. These mechanisms must be supported by the administrative measures outlined above;
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Children
- Année
- 2011
Paragraphe
The right of the child to freedom from all forms of violence 2011, para. 10
- Paragraph text
- Additional sources of information. The Committee also encourages United Nations agencies, national human rights institutions, NGOs and other competent bodies to provide it with relevant information on the legal status and prevalence of all forms of violence and progress towards their elimination.
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Children
- Année
- 2011
Paragraphe
The right of the child to freedom from all forms of violence 2011, para. 22a
- Paragraph text
- [Physical violence. This includes fatal and non-fatal physical violence. The Committee is of the opinion that physical violence includes:] All corporal punishment and all other forms of torture, cruel, inhuman or degrading treatment or punishment; and
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Children
- Année
- 2011
Paragraphe
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 4
- Paragraph text
- 4. In order to facilitate the return of a victim who is without proper documentation, the Party of which that person is a national or in which he or she had the right of permanent residence at the time of entry into the territory of the receiving Party shall agree to issue, at the request of the receiving Party, such travel documents or other authorisation as may be necessary to enable the person to travel to and re-enter its territory.
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2005
Paragraphe
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 1c
- Paragraph text
- 1. Each Party shall adopt such legislative and other measures as may be necessary to ensure that a legal person can be held liable for a criminal offence established in accordance with this Convention, committed for its benefit by any natural person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on: c. an authority to exercise control within the legal person.
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2005
Paragraphe
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 1c
- Paragraph text
- 1. Each Party shall adopt such legislative or other measures as may be necessary to provide effective and appropriate protection from potential retaliation or intimidation in particular during and after investigation and prosecution of perpetrators, for: c. witnesses who give testimony concerning criminal offences established in accordance with Article 18 of this Convention;
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2005
Paragraphe
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 2
- Paragraph text
- 2. Each Party shall establish and/or strengthen effective policies and programmes to prevent trafficking in human beings, by such means as: research, information, awareness raising and education campaigns, social and economic initiatives and training programmes, in particular for persons vulnerable to trafficking and for professionals concerned with trafficking in human beings.
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Education
- Violence
- Personnes concernées
- All
- Année
- 2005
Paragraphe
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. undefined
- Paragraph text
- Each Party shall consider adopting such legislative and other measures as may be necessary to establish as criminal offences under its internal law, the use of services which are the object of exploitation as referred to in Article 4 paragraph a of this Convention, with the knowledge that the person is a victim of trafficking in human beings.
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- N.A.
- Année
- 2005
Paragraphe
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 1a
- Paragraph text
- 1. Each Party shall adopt such legislative and other measures as may be necessary to ensure that a legal person can be held liable for a criminal offence established in accordance with this Convention, committed for its benefit by any natural person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on: a. a power of representation of the legal person;
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2005
Paragraphe
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 1b
- Paragraph text
- 1. Each Party shall adopt such legislative and other measures as may be necessary to ensure that a legal person can be held liable for a criminal offence established in accordance with this Convention, committed for its benefit by any natural person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on: b. an authority to take decisions on behalf of the legal person;
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- N.A.
- Année
- 2005
Paragraphe
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 3
- Paragraph text
- 3. Each Party shall consider adopting, in accordance with Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms as interpreted by the European Court of Human Rights, measures aimed at encouraging the media to protect the private life and identity of victims through self-regulation or through regulatory or co-regulatory measures.
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2005
Paragraphe
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 4
- Paragraph text
- 4. Each Party shall adopt such legislative or other measures as may be necessary to enable the temporary or permanent closure of any establishment which was used to carry out trafficking in human beings, without prejudice to the rights of bona fide third parties or to deny the perpetrator, temporary or permanently, the exercise of the activity in the course of which this offence was committed.
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2005
Paragraphe
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. undefined
- Paragraph text
- The implementation of the provisions of this Convention by Parties, in particular the enjoyment of measures to protect and promote the rights of victims, shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2005
Paragraphe
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 3
- Paragraph text
- 3. Where appropriate, and without prejudice to applicable international conventions, such measures shall include establishing the obligation of commercial carriers, including any transportation company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State.
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2005
Paragraphe
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 1e
- Paragraph text
- 1. Each Party shall adopt such legislative or other measures as may be necessary to assist victims in their physical, psychological and social recovery. Such assistance shall include at least: e. assistance to enable their rights and interests to be presented and considered at appropriate stages of criminal proceedings against offenders;
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2005
Paragraphe
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. c
- Paragraph text
- Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the following conducts, when committed intentionally and for the purpose of enabling the trafficking in human beings: c. retaining, removing, concealing, damaging or destroying a travel or identity document of another person.
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2005
Paragraphe
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 1
- Paragraph text
- 1. Each Party shall adopt such legislative and other measures as may be necessary to ensure that the criminal offences established in accordance with Articles 18 to 21 are punishable by effective, proportionate and dissuasive sanctions. These sanctions shall include, for criminal offences established in accordance with Article 18 when committed by natural persons, penalties involving deprivation of liberty which can give rise to extradition.
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2005
Paragraphe
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 6
- Paragraph text
- 6. Each Party shall adopt such legislative or other measures as may be necessary to make available to victims, where appropriate in co-operation with any other Party concerned, contact information of structures that can assist them in the country where they are returned or repatriated, such as law enforcement offices, non-governmental organisations, legal professions able to provide counselling and social welfare agencies.
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2005
Paragraphe