Plan International - Girls' Rights Platform - Girls' rights are human rights: Positioning girls at the heart of the international agenda

Plan International - Girls' Rights Platform - Girls' rights are human rights: Positioning girls at the heart of the international agenda

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Implementation of article 14 by States parties 2012, para. 16

Paragraph text
Satisfaction should include, by way of and in addition to the obligations of investigation and criminal prosecution under articles 12 and 13 of the Convention, any or all of the following remedies: effective measures aimed at the cessation of continuing violations; verification of the facts and full and public disclosure of the truth to the extent that such disclosure does not cause further harm or threaten the safety and interests of the victim, the victim's relatives, witnesses, or persons who have intervened to assist the victim or prevent the occurrence of further violations; the search for the whereabouts of the disappeared, for the identities of the children abducted, and for the bodies of those killed, and assistance in the recovery, identification, and reburial of victims' bodies in accordance with the expressed or presumed wish of the victims or affected families; an official declaration or judicial decision restoring the dignity, the reputation and the rights of the victim and of persons closely connected with the victim; judicial and administrative sanctions against persons liable for the violations; public apologies, including acknowledgement of the facts and acceptance of responsibility; commemorations and tributes to the victims.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • Children
  • Families
Year
2012
Date added
Aug 19, 2019
Paragraph
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Implementation of article 14 by States parties 2012, para. 46n

Paragraph text
[On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The safeguards available for the special protection of members of marginalized or vulnerable groups, including women and children seeking to exercise their rights guaranteed under article 14 of the Convention.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Children
  • Women
Year
2012
Date added
Aug 19, 2019
Paragraph
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Implementation of article 2 by States parties 2008, para. 23

Paragraph text
Continual evaluation is therefore a crucial component of effective measures. The Committee has consistently recommended that States parties provide data disaggregated by age, gender and other key factors in their reports to enable the Committee to adequately evaluate the implementation of the Convention. Disaggregated data permits the States parties and the Committee to identify, compare and take steps to remedy discriminatory treatment that may otherwise go unnoticed and unaddressed. States parties are requested to describe, as far as possible, factors affecting the incidence and prevention of torture or ill-treatment, as well as the difficulties experienced in preventing torture or ill-treatment against specific relevant sectors of the population, such as minorities, victims of torture, children and women, taking into account the general and particular forms that such torture and ill-treatment may take.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Humanitarian
Person(s) affected
  • Children
  • Ethnic minorities
  • Women
Year
2008
Date added
Aug 19, 2019
Paragraph
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Implementation of article 2 by States parties 2008, para. 15

Paragraph text
The Convention imposes obligations on States parties and not on individuals. States bear international responsibility for the acts and omissions of their officials and others, including agents, private contractors, and others acting in official capacity or acting on behalf of the State, in conjunction with the State, under its direction or control, or otherwise under colour of law. Accordingly, each State party should prohibit, prevent and redress torture and ill-treatment in all contexts of custody or control, for example, in prisons, hospitals, schools, institutions that engage in the care of children, the aged, the mentally ill or disabled, in military service, and other institutions as well as contexts where the failure of the State to intervene encourages and enhances the danger of privately inflicted harm. The Convention does not, however, limit the international responsibility that States or individuals can incur for perpetrating torture and ill-treatment under international customary law and other treaties.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Children
  • Persons with disabilities
Year
2008
Date added
Aug 19, 2019
Paragraph
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Implementation of article 2 by States parties 2008, para. 14

Paragraph text
Experience since the Convention came into force has enhanced the Committee's understanding of the scope and nature of the prohibition against torture, of the methodologies of torture, of the contexts and consequences in which it occurs, as well as of evolving effective measures to prevent it in different contexts. For example, the Committee has emphasized the importance of having same sex guards when privacy is involved. As new methods of prevention (e.g. videotaping all interrogations, utilizing investigative procedures such as the Istanbul Protocol of 1999, or new approaches to public education or the protection of minors) are discovered, tested and found effective, article 2 provides authority to build upon the remaining articles and to expand the scope of measures required to prevent torture.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Education
  • Governance & Rule of Law
Person(s) affected
  • Adolescents
  • Children
Year
2008
Date added
Aug 19, 2019
Paragraph
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Implementation of article 14 by States parties 2012, para. 36

Paragraph text
The Committee furthermore underlines the importance of appropriate procedures being made available to address the needs of children, taking into account the best interests of the child and the child's right to express his or her views freely in all matters affecting him or her, including judicial and administrative proceedings, and of the views of the child being given due weight in accordance with the age and maturity of the child. States parties should ensure the availability of child-sensitive measures for reparation which foster the health and dignity of the child.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Health
Person(s) affected
  • Children
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 35

Paragraph text
The Committee considers the training of relevant police, prison staff, medical personnel, judicial personnel and immigration personnel, including training on the Istanbul Protocol, to be fundamental to ensuring effective investigations. Furthermore, officials and personnel involved in efforts to obtain redress should receive methodological training in order to prevent re-traumatization of victims of torture or ill-treatment. This training should include, for health and medical personnel, the need to inform victims of gender-based and sexual violence and all other forms of discrimination of the availability of emergency medical procedures, both physical and psychological. The Committee also urges States parties to establish human rights offices within police forces, and units of officers specifically trained to handle cases of gender-based and sexual violence, including sexual violence perpetrated against men and boys, and violence against children and ethnic, religious, national or other minorities and other marginalized or vulnerable groups.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Gender
  • Violence
Person(s) affected
  • Boys
  • Children
  • Women
Year
2012
Date added
Aug 19, 2019
Paragraph
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