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Witchcraft and the human rights of persons with albinism 2017, para. 39
- Paragraph text
- The question of whether to criminalize acts of witchcraft was examined by Philip Alston. After considering various arguments in favour of criminalization, including that local customs should be reflected in national law; that criminal law should protect against all types of violence, including violence committed by occult means; and that the failure of criminal law to address such acts leads individuals to take the law into their own hands to achieve what is popularly considered to be a just and fair result, he concluded that the weight of the arguments against criminalization was superior. Criminalization would reinforce the social stigmatization of those accused, and such a prohibition of witchcraft might be socially perceived as providing legitimacy to the killing and ill-treatment of alleged witches. In addition, the very subjective nature of witchcraft, illustrated by the difficulty of finding a clear definition of the concept and the impossibility of identifying objective factors as evidence to be weighed in a court of law were sufficient bases on which to conclude that acts of witchcraft as such should not be criminalized. This does not mean that criminal action becomes legitimate when committed for witchcraft purposes, but rather that a licit action should not be considered a criminal act because it is conducted for witchcraft purposes. Objective criminal acts should be prosecuted, regardless of their (mere or inextricable) link to witchcraft.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 72
- Paragraph text
- Second are the inherent limits of self-regulation, weak law enforcement and the absence of a far-reaching oversight mechanism for both urban and rural areas. Further, self-regulation by organizations of traditional healers have done little to prevent purported practitioners of traditional medicine from establishing themselves on their own, with no oversight at all. Weak enforcement of government licensing systems has also led to similar situations.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Harmful Practices
- Health
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 64
- Paragraph text
- In 2016, the Independent Expert, in collaboration with regional human rights mechanisms, launched a process towards the development of a regional action plan to address attacks against persons with albinism in sub-Saharan Africa. The action plan seeks to identify concrete measures for implementing recommendations made by various human rights and other bodies and to translate them into a concrete road map for action with time-bound measures.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 46b
- Paragraph text
- [Accordingly, to be regarded as harmful, practices should meet any or a combination of the following criteria:] They constitute discrimination against women or children and are harmful insofar as they result in negative consequences for them as individuals or groups, including physical, psychological, economic and social harm and/or violence and limitations on their capacity to participate fully in society or develop and reach their full potential;
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Children
- Women
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 29
- Paragraph text
- Although both children and adults are victims of attacks for the removal of body parts, civil society reports that children constitute the majority of victims. The apparent targeting of children is reportedly linked to the pursuit of innocence, which is believed to enhance the potency of the muti or juju. Further, children are more vulnerable to attacks because they are easy to find and capture and do not have the physical strength to fend off attackers.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- Children
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 17
- Paragraph text
- In the international human rights framework, persons with albinism have normative protection in the International Bill of Rights covering all their fundamental human rights, including the rights to life, physical integrity, liberty, security, the highest attainable standard of physical and mental health and an adequate standard of living. Further protection can be found in specific instruments, including the Convention on the Rights of Persons with Disabilities and the International Convention on the Elimination of All Forms of Racial Discrimination, which proscribes "racial discrimination" based on colour.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Persons with disabilities
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 66
- Paragraph text
- Measures identified can be implemented by integrating them into existing, broader frameworks, including laws and policies to implement the rights of persons with disabilities, on access to health, on the rights of women and children, on access to justice services, on victim support services and to eliminate racial discrimination (including discrimination based on colour). Such measures should be extended to the family members of persons with albinism and, in particular, to mothers of children with albinism and women generally. At the same time, specific measures of protection and anti-discrimination for persons with albinism should also be carried out where possible, particularly in countries affected by attacks against persons with albinism and where neglect of this group has been historical and dire.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- Families
- Persons with disabilities
- Women
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 65
- Paragraph text
- The Independent Expert emphasizes the need to incorporate in the plan, as in all initiatives on the issue, a dual or twin-track approach. This includes, on the one hand, an emergency and priority response in the area of protection against and prevention of attacks and, on the other hand, the adoption of long-term policies to fight discrimination; address rampant myths, dangerous misconceptions, stigma and witchcraft practices affecting persons with albinism; and ensure full enjoyment by those persons of their socioeconomic rights, among others.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 91
- Paragraph text
- Witchcraft practice, in particular the use of body parts of persons with albinism for muti or juju, is undeniably one of the main root causes of attacks against persons with albinism. However, owing to challenges in conceptualizing "witchcraft" using objective elements, attempts at establishing clear legal boundaries around such practices - including to deter related harmful practices - have been elusive. One key exception is witchcraft accusations, an aspect of witchcraft practice that can be, and has been, legally captured with objective elements because there is no need to define "witchcraft" itself to achieve the purpose of preventing accusations and related violence.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Violence
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 69
- Paragraph text
- It is likely that similar laws, including those inherited from the colonial era, when examined in the light of the principles of human rights, including the rule of law and the right to a fair trial, would lead to outcomes similar to the ones prescribed by the Commission. They include repealing outdated legislation on witchcraft, while emphasizing the necessity of sanctioning persons who accuse others of witchcraft; making it generally known that harmful practices related to witchcraft would be prosecuted; and ensuring that mere belief in witchcraft is not criminalized. However, as witchcraft in general has yet to feature prominently on the radar of human rights mechanisms, the initiation of a system-wide approach, beginning with a scaled-up version of the exercise conducted in Papua New Guinea, including an exercise in definition, is timely.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 21
- Paragraph text
- According to a study undertaken by the United Nations Children's Fund (UNICEF), the French notion of "sorcery" and the English notion of "witchcraft" were introduced to Africa by the first Europeans explorers, colonialists and missionaries and, strongly influenced by European history, were pejorative. These concepts were employed to translate the terms used in vernacular languages for local realities. The notion of witchcraft, as used in the present report, therefore refers to multiple concepts covered by a variety of different terms referring to various phenomena whose interpretation relies on their context. It is nevertheless generally agreed that in all cultural contexts, witchcraft refers to negative occult or mystical forces, although it has been - albeit less frequently - associated with positive connotations such as empowerment and cleansing.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 28
- Paragraph text
- Persons with albinism are victims of ritual attacks. It is believed that their body parts can bring, inter alia, wealth and good luck when used in potions made by practitioners of witchcraft, referred to as witchdoctors. Persons with albinism who are victims of such attacks are often dismembered and their body parts stolen, including limbs, genitals and hair. In addition, body parts are often taken from live victims because of the related belief that the intensity of their screams while being dismembered enhances the potency of the muti or juju.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 22
- Paragraph text
- Evans-Pritchard distinguishes between "witchcraft" and "sorcery". According to his definition, witches have supernatural powers and operate in secret, in order to harm victims by devouring their life essence. In contrast, a sorcerer is someone who does harm by using plant substances and rituals. The use of body parts of persons with albinism in amulets, charms, potions or other preparations could arguably fall under either category. Therefore, in the present report, the Independent Expert will use the term "witchcraft" to denote both concepts. She will not use the term "magic", which has been employed in some cases to describe attacks against persons with albinism, because it seems to have a dual quality of both benevolence and malevolence, and may therefore be misunderstood. Since the report intends to capture witchcraft in the broader sense and its negative impact on persons with albinism, the term "magic" - in its malevolent form - will be understood to be subsumed by the term "witchcraft".
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Violence
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 37
- Paragraph text
- In its study on children accused of witchcraft, UNICEF reported that, in many African societies, births considered "abnormal" were generally surrounded by a complex system of representations and rituals. Such births included twins, "badly born" children and persons with albinism. Cases have been reported of parents killing their babies born with albinism for being witches. Where these children are not killed at birth, they are often taken to a spiritual leader or traditional healer to be "healed" through various forms of violent exorcism. Similarly, in a report published by the Office of the Special Representative of the Secretary General on Violence Against Children in 2012, it is stressed that vulnerable children such as children with disabilities, children with albinism, premature babies or specially gifted children are often the target of witchcraft accusations. The link between witchcraft and persons with albinism was also noted in western Sudan where persons with albinism were accused of taking part in "strange and dangerous practices" related to witchcraft.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Violence
- Personnes concernées
- Children
- Infants
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 73
- Paragraph text
- WHO, in its study on the legal status of traditional medicine, details the status of traditional medicine in 123 countries around the world, showing the diverse approaches taken by States with respect to the practice. In sub-Saharan Africa, some States recognize traditional medicine as part of the national health system while others are silent on the issue. There are also variations between States in the level of regulation of traditional medicine practitioners. Some countries have established registers of practitioners, or exercise control by issuing government licences at the central level; in others, local officials are able to authorize the practice of traditional medicine in their administrative and/or health subdivisions. In certain countries, unlicensed practising of traditional medicine is a punishable offence. In other countries, including those with records of attacks, there is no licensing or registration process for practitioners of traditional medicine.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 43
- Paragraph text
- It is important to reiterate that although witchcraft per se should not be criminalized, any killing of persons for the use of body parts in witchcraft-related practices such as muti or juju should be prosecuted. To do so, it is necessary to ensure that legal provisions criminalize a broad range of attacks and assaults, as well as criminalize the possession and trafficking of body parts. Linking such a criminal action to muti and juju would be challenging, given the difficulty in establishing objective evidentiary standards. Nonetheless, where evidence substantially supports the proposition that muti and juju were the purpose of the criminal activity, States could consider including that factor as an aggravating circumstance leading to a heavier sentence and ultimately deter crime incentivized by witchcraft. Non-legal tools such as public education and sociocultural interventions with stakeholders would also be necessary to complement such legal practice in dissuading muti, juju and all crimes related to witchcraft.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 51
- Paragraph text
- In its global study on the legal status of traditional medicine and complementary/alternative medicine, WHO recognized both mainstream medical care (allopathic medicine) and complementary/alternative medicine, terms that were used interchangeably with "traditional medicine" in some countries. Given the broadness of the term "traditional medicine" and the wide range of practices it encompassed, traditional medicine was difficult to define with a finite list of objective criteria. However, WHO provided a helpful list of what might be included: a diversity of health practices, approaches, knowledge, and beliefs incorporating plant, animal and/or mineral-based medicines; spiritual therapies; manual techniques; and exercises, applied singly or in combination, to maintain well-being, as well as to treat, diagnose or prevent illness.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Health
- Personnes concernées
- All
- N.A.
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 82
- Paragraph text
- In the absence of specific legislation covering trafficking of body parts, some States have been confronted with a legal gap when they arrest persons for trafficking body parts of persons with albinism such as bones, hair and limbs. In response to this situation, in Malawi for example, the judiciary has made creative use of the Anatomy Act, which was not drafted with the horrendous crimes perpetrated against persons with albinism in mind. The Act, which was drafted for a medical context, carries relatively light penalties but was, until recent reforms, the only instrument available to prosecute cases of possession of body parts of persons with albinism.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Health
- Violence
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 81
- Paragraph text
- In addition, it is not certain that body parts, such as limbs hacked off, seized and transported for the sake of muti or juju, would fall under the definition of "organ" in both international and national trafficking laws. Neither the Protocol nor other global instruments addressing trafficking for the removal and sale of organs, such as the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography or the WHO Guiding Principles on Human Organ Transplantation, defines "organ". However, a definition of "organ" is provided by a specific regional instrument on the issue, namely the Council of Europe Convention against Trafficking in Human Organs, which defines "human organ" as "a differentiated part of the human body formed by different tissues, that maintains its structure, vascularisation and capacity to develop physiological functions with a significant level of autonomy".
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Health
- Movement
- Violence
- Personnes concernées
- Children
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 34
- Paragraph text
- Accusations of witchcraft and related violence are one of the most visible and reported manifestations of belief in witchcraft. While reports indicate that persons with albinism are mainly affected by the muti and juju forms of witchcraft-related violence, mothers of children with albinism and children born with albinism have also reportedly been accused of witchcraft.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Violence
- Personnes concernées
- Children
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 56
- Paragraph text
- Countries with records of attacks against persons with albinism, including both countries visited this year by the Independent Expert, demonstrated the challenge of the ambiguity between the two practices. This problem has already been identified by the Independent Expert as a root cause of attacks. The issue is further complicated by the lack of effective oversight over the practice of traditional healers, the secrecy that often surrounds witchcraft practice and the absence of a clear national policy position on the issue.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 31
- Paragraph text
- Attacks against persons with albinism often involve three types of perpetrators: persons who hunt, attack, kill and dismember persons with albinism and transport their body parts; persons, often presenting themselves as witchdoctors, who prepare the muti or juju using the body parts; and persons who obtain or purchase the muti or juju. Each of these actions constitutes a crime and should therefore be investigated and prosecuted under relevant criminal law provisions, irrespective of whether they are connected to muti, juju or witchcraft.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 55
- Paragraph text
- The present report does not question the necessity, complementarity or usefulness of traditional medicine. However, the broad definition of the concept has led to situations where the difference between witchcraft practitioners and traditional doctors is difficult to establish in practice. For example, the Independent Expert has seen advertisements in newspapers posted by "traditional healers" offering to make clients richer, cure incurable diseases, secure release from prison, and making other claims that are more suggestive of witchcraft than traditional medicine. In this context, the ideological affinity found between patients and traditional medicine could facilitate witchcraft as a harmful practice because witchcraft can have a diagnostic objective that could implicate innocent third parties - for example, persons known to and disliked by the patient - as the source of a patient's problem.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Health
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 76
- Paragraph text
- In the public interest, it is also important that States ensure adequate standards for traditional medicine. There must be minimum requirements for all practitioners, regardless of whether they are affiliated with an organization. The standards must be in line with established human rights norms, without compromising the core principles of availability, accessibility, acceptability and quality of goods and services. The obligation on States also extends to ensuring that practitioners do not conduct harmful practices, including the use of body parts of persons with albinism for muti or juju.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Harmful Practices
- Health
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 75
- Paragraph text
- This does not mean that there is no role for the organizations of traditional healers in the process. On the contrary, their task is fundamental in complementing the actions taken by the State. For example, they could, in collaboration with the Government, develop internal rules of practice and clarify the impact of law and policy on the details of their practice. In this regard, good practices include cooperation among such organizations and between the organizations and the ministries of health, including through exchange of information and referrals.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 19
- Paragraph text
- The phenomena have many connotations and are subject to many interpretations, such that objective definitions are unsatisfactory; "[the] real meaning derives from relationships, shared experiences and individual feelings". Consequently the "meanings … are so varied because the concept is so versatile".
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 23
- Paragraph text
- From the sociological and anthropological perspectives, the following definition for witchcraft has been proposed by Marc Augé: witchcraft is "a set of beliefs, structured and shared by a given population that addresses the origin of misfortune, illness and death, and the set of practices for detection, treatment and punishment that corresponds to these beliefs". Often, the diagnostic aspect of witchcraft often pinpoints an individual person as the source of the misfortune within the family, place of employment or community.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- Families
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 96
- Paragraph text
- Further, in addressing the issue of attacks against persons with albinism, all initiatives are best taken using a dual or twin-track approach. Such an approach would, on the one hand, urgently deal with attacks and trafficking of body parts for muti and juju; on the other hand, measures employed should go beyond the emergency of attacks, inter alia, to address root causes of attacks including, and particularly, harmful practices linked to witchcraft.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Violence
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 38
- Paragraph text
- In addition, the common belief that persons with albinism are a bad omen or a curse on their family or on the community, although not, stricto sensu, a witchcraft accusation, does attribute evil qualities to a newborn, with an impact on the mothers and family members in a manner that is strongly analogous to the impact stemming from witchcraft accusations. Consequently, infanticide, abandonment of children with albinism and exclusion of the children and their mothers from community life (either structural expulsion or exclusion from participation) have been reported to the Independent Expert.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Harmful Practices
- Personnes concernées
- Children
- Families
- Infants
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 47
- Paragraph text
- Attacks against persons with albinism for the purpose of obtaining and using body parts in muti or juju as well as accusations of witchcraft match these criteria for harmful practices. In the publication on harmful practices issued by her Office, the Special Representative of the Secretary-General on Violence against Children, quoting the UNICEF study, reported that "discrimination, violence and harmful practices against children with albinism have reached alarming proportions". She added that there were no cultural or religions justifications for such practices.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2017
Paragraphe