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Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 16
- Paragraph text
- There is no presumption against the extraterritorial application of human rights treaties in international law. Where a State exercises power and authority over persons outside its national territory, its obligation to respect the pertinent human rights obligations continues; this presumption can be rebutted only when the nature and content of a particular right or treaty language indicate otherwise. This understanding is consistent with the evolution of human rights regimes and the displacement of the traditional international law emphasis on territorial sovereignty as a precondition for jurisdictional competence with the understanding of obligations erga omnes partes and the growth of specialized human rights regimes. Fundamental human rights and freedoms, such as the right to be free from torture and other ill-treatment, are universally recognized, as reflected in the Vienna Declaration and Programme of Action, as "the birthright of all human beings [and] their protection and promotion [as] the first responsibility of Governments".
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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