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Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 1
- Document type
- Special Procedures' report
- Paragraph text
- In the past, the Special Rapporteur and other mechanisms against torture, including some of the most important treaty-based monitoring mechanisms,1have focused predominantly on preventing the use of torture and other cruel, inhuman or degrading treatment or punishment in “custodial” settings, that is, once persons have been arrested, interned, imprisonedor otherwise deprived of their liberty. The extent to which and how the prohibition of torture and other cruel, inhuman or degrading treatment or punishment is applied to the use of force by State agents outside custodial settings (“extra-custodial” use of force) has not yet been systematically examined. This question is particularly relevant where State agents resort to unnecessary, excessive or otherwise unlawful force without necessarily infringing the right to life, for example, during arrest, stop andsearch or crowd control operations. While States must be in a position to use all lawful and appropriate means, including necessary and proportionate force, with a view to maintaining public security and law and order, experience shows that the use of force in insufficiently controlled environments carries a significant risk of arbitrariness and abuse. In his most recent report to the Human Rights Council (A/HRC/34/54), the Special Rapporteur expressed his intention to examine how the prohibition of torture and other cruel, inhuman or degrading treatment or punishment should be applied and interpreted in extra-custodial settings, particularly in view of potential justifications such as law enforcement, public security, crowd control or self-defence and the defence of others. The Special Rapporteur also expressed his intention to examine the extent to which the use of certain types of weapons, riot control devices or other means and methods of law enforcement would have to be considered intrinsically cruel, inhuman or degrading in the light of their immediate to long-term consequences.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 2
- Document type
- Special Procedures' report
- Paragraph text
- In examining the relationship between the prohibition of torture and other cruel, inhuman or degrading treatment or punishment and the international legal principles governing the use of force by State agents, and in developing concrete recommendations on the matter, the Special Rapporteur hopes to strengthen the capacity of States to ensure the effective prevention of and accountability for torture and other cruel, inhuman or degrading treatment or punishment, including in extra-custodial settings. Moreover, as a complement to existing international standards governing the use of force, the present report is aimed at contributing to the development of seamless guidance on the entire spectrum of the use of force, from non-lethal to deliberately lethal and from custodial to extra -custodial, and therefore at supporting States in complying with their relevant huma n rights obligations. The report is also aimed at facilitating synergies, both at the national and the international levels, between mechanisms tasked with protection against torture and other cruel, inhuman or degrading treatment or punishment and those involved in overseeing and regulating the use of force more generally.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 3
- Document type
- Special Procedures' report
- Paragraph text
- While the present report is focused on the extra-custodial use of force by State agents, its conclusions generally will also be relevant, mutatis mutandis, for non-physical forms of coercion and for ill-treatment committed by non-State actors. Owing to constraints of time and space, the Special Rapporteur intends to more systematically consider those issues in subsequent thematic reports. Moreover, in the present report the extra-custodial use of force under the law enforcement paradigm both in peacetime and in armed conflict is covered, but the use of force as a means of warfare under the hostilities paradigm is not examined. The terms “State agent” and “law enforcement official” will be used interchangeably to denote any person exercising, de jure or de facto, public authority on behalf of the State, whether of military or civilian status and whether appointed, elected, employed or contracted, including private security personnel. 2 Finally, the implications of the extra-custodial use of force are examined in the present report under human rights law only, and not under potentially applicable international humanitarian law.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 4
- Document type
- Special Procedures' report
- Paragraph text
- Building on the work undertaken by his predecessors and other mandate holders and mechanisms, the Special Rapporteur conducted extensive research and broad stakeholder consultations with academic experts and representatives of governments, international organizations and civil society organizations, including through a multi-stakeholder expert meeting held in Geneva on 1 and 2 May 2017 and a general call for submissions in response to a thematic questionnaire posted on the website of the Office of the United Nations High Commissio ner for Human Rights from 29 May to 30 June 2017. 3 The present report reflects the resulting conclusions and recommendations of the Special Rapporteur.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 5
- Document type
- Special Procedures' report
- Paragraph text
- Apart from prohibiting the arbitrary deprivation of life and providing a few principles on the lawful use of lethal force, human rights treaties do not expressly regulate the extra-custodial use of force. 4 Instead, the contemporary legal principles governing the use of force by law enforcement officials (“use of force principles”) have been derived primarily from State practice and the application and interpretation of these very general treaty provisions in case law. The principles have been restated in two soft law instruments, namely, the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the Code of Conduct for Law Enforcement Officials, and today can be regarded as general principles of law. 5 In particular, the use of force by State agents is governed by the following cumulative principles: • Legality: any use of force must have a legal basis and pursue a lawful purpose . 6 • Necessity: force must only be used when, and to the extent, strictly necessary for the achievement of a lawful purpose. 7 • Proportionality: the harm likely to be inflicted by the use of force must not be excessive compared to the benefit of the lawful purpose pursued. 8 • Precaution: law enforcement operations must be planned, prepared and conducted so as to minimize, to the greatest extent possible, the resort to force and, whenever it becomes unavoidable, to minimize the resulting harm.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 6
- Document type
- Special Procedures' report
- Paragraph text
- In order for the use of force by State agents to be lawful, full adherence to all of the above principles is required.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 7
- Document type
- Special Procedures' report
- 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. 10 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.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 8
- Document type
- Special Procedures' report
- Paragraph text
- The principle of necessity requires that any use of force by State agents must be restricted to the least harmful means that can reasonably be expected to achieve the purpose pursued. Thus, law enforcement officials must apply non -violent means whenever possible and may use force only when, and only to the extent, strictly necessary to achieve a lawful purpose.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 9
- Document type
- Special Procedures' report
- Paragraph text
- The principle of necessity has a qualitative, a quantitative and a temporal aspect. In qualitative terms, any use of force must be “unavoidable” in the sense that non-violent or other less harmful means remain ineffective or without any promise of achieving the desired purpose. 12 In quantitative terms, whenever the use of force is unavoidable, the degree to which and the manner in which force is employed may not be more harmful than strictly necessary. 13 Finally, in temporal terms, the use of force is unlawful if, at the moment of its application, it is not yet or no longer unavoidable to achieve the desired lawful purpose. Therefore, any law enforcement operation involving the use of force requires a constant reassessment of its necessity to achieve the desired purpose. Should the circumstances evolve so as to permit the achievement of that purpose through less harmful means, force may no longer be used.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 10
- Document type
- Special Procedures' report
- Paragraph text
- While the principle of necessity requires a factual assessment of t he least harmful means that can be expected to achieve the desired purpose, the principle of proportionality involves an additional and separate value judgment as to whether the harm expected to result from the use of force can be justified in the light of the benefit of the desired purpose. Even if force is necessary for the achievement of that purpose, it can only be permissible if the resulting harm remains proportionate compared to the seriousness of the offence and the importance of the desired purpose. 14 Thus, irrespective of considerations of necessity, the requirement of proportionality defines an absolute upper limit for the force that might be permissible to achieve a specific lawful purpose (A/HRC/26/36, para. 66). The “harm” to be weighed in the proportionality assessment does not necessarily have to be of physical nature, but can also involve mental suffering and emotions of humiliation and distress.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 11
- Document type
- Special Procedures' report
- 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.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 12
- Document type
- Special Procedures' report
- Paragraph text
- Even if the use of force is necessary and proportionate in the immediate circumstances of a case, it may nonetheless be unlawful if it results from a failure to plan, organize and control operations so as to minimize harm, respect and pr eserve human life and avoid any excessive use of force.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 13
- Document type
- Special Procedures' report
- Paragraph text
- In particular, States should thoroughly train their police forces to avoid situations in which the use of force will become inevitable and equip them with various methods and types of weapons and ammunition allowing for a differentiated use of force, including “less lethal” incapacitating weapons and self-defensive equipment such as shields, helmets, bulletproof vests and bulletproof means of transportation. Moreover, law enforcement officials must constantly re-evaluate the situation with a view to avoiding unnecessary or excessive use of force. Whenever the use of force becomes unavoidable, law enforcement officials must ensure that assistance and medical aid is provided to any injured or affected persons at the earliest possible moment.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Humanitarian
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 14
- Document type
- Special Procedures' report
- Paragraph text
- In practice, the required standard of precaution does not impose an unrealistic burden but always relates to what is reasonably possible in the circumstances.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 15
- Document type
- Special Procedures' report
- Paragraph text
- Applying the principles of legality, necessity, proportionality and precaution to the particular context of policing assemblies, any decision to forcibly disperse a peaceful assembly or protest must be taken with due regard to the freedoms of assembly and of expression. In particular, article 21 of the International Covenant on Civil and Political Rights provides that “no restrictions may be placed on the exercise of [the right to peaceful assembly] other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others”. Moreover, it must be emphasized that individuals cannot lose their protection against torture and other cruel, inhuman or degrading treatment or punishment under any circumstances whatsoever, including in the context of violent riots or unlawful protests.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 16
- Document type
- Special Procedures' report
- 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.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 17
- Document type
- Special Procedures' report
- Paragraph text
- The absolute and non-derogable prohibition of torture and cruel, inhuman or degrading treatment or punishment has been codified in a wide range of universal and regional instruments 22 and today is universally recognized as a core principle of customary international law. 23 The prohibition of torture is also one of the few norms of customary international law that is universally recognized as having attained peremptory status (jus cogens). Furthermore, the prohibition of torture, cruel, humiliating and degrading treatment “at any time and in any place whatsoever” is also included in article 3 common to the Geneva Conventions of 12 August 1949, which the International Court of Justice has held to reflect a general principle of law, namely, “elementary considerations of humanity”.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 18
- Document type
- Special Procedures' report
- Paragraph text
- The absolute and non-derogable character of the prohibition entails that any use of force amounting to torture or other cruel, inhuman or degrading treatment or punishment is conclusively unlawful and cannot be j ustified under any circumstances, 25 whereas the peremptory character of the prohibition of torture means that any contradicting national administrative act or legislation, international agreement or judicial decision is automatically devoid of any legal effect.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 19
- Document type
- Special Procedures' report
- Paragraph text
- States have a corollary obligation to take effective legislative, administrative, judicial or other measures to prevent acts of torture and cruel, inhuman or degrading treatment or punishment within their jurisdiction. 26 Wherever there is reasonable ground to believe that extra-custodial force amounting to torture or other cruel, inhuman or degrading treatment or punishment has been used, States have a duty to conduct a prompt and impartial investigation in order to ensure full accountability for any such act, including, as appropriate, administrative, civil and criminal accountability, and to ensure that victims receive adequate redress and rehabilitation.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 20
- Document type
- Special Procedures' report
- Paragraph text
- Torture has been defined in many universal and regional instruments, albeit not always in precisely identical terms.
- Body
- Special Procedures: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Vision of the mandate 2014, para. 28
- Document type
- Special Procedures' report
- Paragraph text
- In general, food and nutrition security policies continue to treat women primarily as mothers, focusing on the nutrition of infants and young children or pregnant women, rather than addressing constraints on women’s economic and social participation. Teenage mothers, women without children and women of post-reproductive age with specific nutritional needs are generally not considered within those policies, and this must change
- Body
- Special Procedures: Special Rapporteur on the right to food
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- Adolescents
- Children
- Infants
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 86
- Document type
- Special Procedures' report
- Paragraph text
- The Special Rapporteur highlights that, apart from the Committee, a variety of international and regional human rights bodies and independent experts are working on the issue of violence against women. These bodies have all developed a rich jurisprudence, general comments and recommendations relating to the right of women and girls not to be subjected to violence, which in certain circumstances may amount to torture or cruel, inhuman or degrading treatment, denial of the right to health and other human rights. There are regional treaties and treaty bodies looking specifically at gender-based violence in Africa, the Americas and Europe. There are also independent experts in Africa and the Americas. However, these instruments need more incorporation and implementation, including through sustained funding of expert monitoring mechanisms to carry out their work, to facilitate coordination and to share best practices, information and insights. This urgency to support existing good work is even more compelling given the high priority dedicated to the eradication of violence against women in the Sustainable Development Goals.
- Body
- Special Procedures: Special Rapporteur on violence against women and girls, its causes and consequences
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Corruption and the right to health 2017, para. 23
- Document type
- Special Procedures' report
- Paragraph text
- The right to health is recognized in the Constitution of the World Health Organization (WHO) and protected by the Universal Declaration of Human Rights and international human rights treaties which are binding on States parties, including the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Additionally, regional human rights treaties and many domestic constitutions protect the right to health. These international treaties and domestic laws obligate States to take action to respect, protect and fulfil the right to health and to address corruption where it interferes with their right-to-health obligations. They should inform responses to corruption alongside other legal instruments, such as the United Nations Convention against Corruption.
- Body
- Special Procedures: Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to information in international organizations 2017, para. 6
- Document type
- Special Procedures' report
- Paragraph text
- Where rule of law prevails, Governments and Government officials stay accountable to their citizens through a variety of mechanisms. Too often, however, accountability is a chimera, and nowhere is this more evident than in situations where authorities withhold information from the public. Without freedom to access information of all kinds — in particular when Governments withhold information from the public and its judicial, legislative and media mechanisms — abuses may take place, policies affecting the general welfare may not be tested and improved and overall public engagement and participation diminishes, often by design. By contrast, information-rich environments help promote good decision-making and meaningful public debate, building credibility for public institutions. Even if implementation may not always meet the highest standards, Governments have recognized this fundamental point, at the intersection of good, open government and the human right of access to information, recognizing that the credibility of public authorities depends on their willingness to engage with those who fund their work and elect their key officials — the members of the public.
- Body
- Special Procedures: Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 18
- Document type
- Special Procedures' report
- Paragraph text
- The Working Group considers that laws may at times constitute good practices in and of themselves, but that more often they function as a component in the development of good practices. Constitutional amendments, laws or legal reforms, court decisions and the full range of ways in which laws are crafted and codified in diverse societies form an important piece of the “good practices” puzzle, and can have an immediate impact on de facto equality. A law can be “promising” or “good” in its crafting and articulation, and a court decision can be good, but for it to be considered a good practice, a wider context must be considered than can be found simply through analysis of a legal text. The Group is of the view that a good law usually becomes a good practice in conjunction with ancillary factors, such as the process by which it comes into being and is disseminated, operationalized and implemented. This is not to understate the importance of the law itself, but rather to emphasize that considerations of good practices cannot be based wholly on the legal texts themselves, but must be analysed in context, including tangible outcomes in lived reality.
- Body
- Special Procedures: Working Group on discrimination against women and girls
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 38
- Document type
- Special Procedures' report
- Paragraph text
- As mentioned above, unethical recruitment practices and how they represent a risk of forced labour and trafficking in persons are not widely acknowledged within the private sector or among the stakeholders that participate in the standard-setting process. While some initiatives, such as the Ethical Trading Initiative or Social Accountability International, were created to uphold a strong labour rights component, others, such as the Marine Stewardship Council, were established primarily with an environmental focus. As a result, the level of sophistication in developing indicators that can effectively account for companies’ risk practices in this area varies from one initiative to another. The differences among initiatives regarding their original motivation may not only have an impact in the standard-setting and revision process but may also affect a multi-stakeholder initiative’s success in establishing an assurance programme that effectively monitors businesses compliance with a trafficking standard.
- Body
- Special Procedures: Special Rapporteur on trafficking in persons, especially in women and children
- Topic(s)
- Economic Rights
- Environment
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 36
- Document type
- Special Procedures' report
- Paragraph text
- Some examples of industry coalitions are the Electronic Industry Citizenship Coalition and the Business Social Compliance Initiative of the Foreign Trade Association. The Coalition brings together companies such as Apple, HP and Intel and has developed a code of conduct and audit scope that includes extensive references to issues such as unethical recruitment practices. The Business Social Compliance Initiative is a cross-sectoral initiative that has also developed a code of conduct and an implementation plan, including auditing, a capacity-building programme for businesses, including for suppliers, and alternative stakeholder engagement activities. As mentioned above, standards and an assurance programme alone are not sufficient to embed the standards into a company’s business model. Thus, many multi-stakeholder initiatives and industry coalitions develop, in parallel, capacity-building programmes and other awareness-raising activities for their stakeholders to help promote the standards and their implementation.
- Body
- Special Procedures: Special Rapporteur on trafficking in persons, especially in women and children
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 3
- Document type
- Special Procedures' report
- Paragraph text
- The fundamental values of the international human rights system are under attack in new and diverse ways in 2017. While competing explanations have been proffered, one that is included in most lists is that there is a rapidly growing sense of economic insecurity afflicting large segments of many societies. There is an increasing feeling of being exposed, vulnerable, overwhelmed and helpless, and of being systematically marginalized, both economically and socially. This situation, which previously seemed to be a fate reserved only for those living in low-income countries or in extreme poverty in high- and middle-income countries, now afflicts not just the unemployed and the underemployed, but also the precariously employed and those likely to be rendered unemployed in the foreseeable future as a result of various developments. Many of these individuals previously enjoyed a modicum of security and respect and felt that they had a stake in the overall system of government. As the new insecurity has ballooned and affected ever-greater numbers, many mainstream political parties have either remained oblivious, or have offered solutions that have only exacerbated the problems, further undermining faith in electoral democracy.
- Body
- Special Procedures: Special Rapporteur on extreme poverty and human rights
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (c)
- Document type
- Special Procedures' report
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] The number of migrants in immigration detention is considerably reduced;
- Body
- Special Procedures: Special Rapporteur on the human rights of migrants
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (a)
- Document type
- Special Procedures' report
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] Judicial appeals of all detention orders are automatically implemented;
- Body
- Special Procedures: Special Rapporteur on the human rights of migrants
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph