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Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 3
- 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 Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- 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. 12
- 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 Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- 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
- 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 Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 48
- Paragraph text
- Responses to current humanitarian crises are increasingly dependent on voluntary work and, as a result, frontline workers are not always appropriately trained or able to detect such complex situations as trafficking in persons or other forms of child exploitation. A lack of confidentiality or child-friendly spaces and complaint mechanisms in places where migrants or refugees reside, including reception centres, refugee camps and informal settlements, also hampers the establishment of a bond of trust with the children that would enable them to share their concerns and the risks that they face. In addition, children’s lack of confidence in the protection system and the assistance available to them drives them to hide their exploitation from humanitarian workers. Finally, children’s experience of abuse and exploitation as well as their own statements regarding their age are met with disbelief by public services, undermining the identification process further.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Violence against women as a barrier to the effective realization of all human rights 2014, para. 57
- Paragraph text
- A more recent challenge is the creation of hierarchies of violence against women, especially through political and funding actions. This is particularly evident in the articulation of sexual violence in conflict situations as being different and exceptional, as opposed to its being a continuation of a pattern of discrimination and violence that is exacerbated in times of conflict - as reflected in recent armed conflict situations. The prioritizing of this manifestation of violence has led to numerous concerns, including a shift away from an understanding of violence against women as both gendered and part of a continuum of violence; a shift in resources, in some instances, despite the need to address all manifestations of violence, including at the national level; a shift in focus by some United Nations entities; and the effect of donor-driven priorities in this process. The view of many women's rights defenders is that these shifts have led to focusing on the manifestation of violence against women in conflict situations, to the detriment and ignoring of the low-level "warfare" that women and girls experience in their homes and communities on a daily basis.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 12
- Paragraph text
- The report, which includes a number of examples of human trafficking and conflict taken from actual conflict and post-conflict situations, has also benefited from the input of Members States during the open debate of the Security Council on "Conflict-related sexual violence: responding to human trafficking in situations of conflict-related sexual violence", held on 2 June 2016, during the presidency of France, at which the Special Rapporteur made an intervention (S/PV.7704). The statements delivered by Member States reflect the urgent need felt by the members of the Council to address the issue of human trafficking for the purpose of sexual exploitation related to conflict. The expert has also been encouraged by the appointment, on 16 September 2016, of Nadia Murad Basee Taha as Goodwill Ambassador for the dignity of survivors of human trafficking, the first time that a survivor of atrocities has been appointed to such a position. Ms. Taha briefed the Council on the atrocities, including trafficking in persons faced by the Yazidi, particularly women and children, at its meeting on 16 December 2015, at which the Council addressed the issue of human trafficking in conflict for the first time.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Commissions of inquiry 2012, para. 19
- Paragraph text
- In the international human rights context, commissions of inquiry are independent investigative commissions created in response to human rights violations including, but not limited to, torture, genocide, extrajudicial killings, disappearances and incidents involving multiple or high-profile killings (A/HRC/8/3, para. 12). Most commissions of inquiry are established at the initiative of national Government authorities. International experts may be part of their composition. In the present report, commissions of inquiry are defined as national commissions of inquiry and truth commissions, as well as investigations undertaken by national human rights institutions. The quest for accountability and victims' rights are common denominators for commissions of inquiry and truth commissions. While a commission of inquiry is likely to be established at the height of violence, a truth commission may only be established once a conflict is over. Both national and international commissions of inquiry often result from concerted demands by civil society or the international community. International commissions of inquiry tend, however, to have comparatively briefer temporal mandates which seek to identify patterns of violations during a protracted period of armed conflict.
- 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
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 79
- Paragraph text
- The Secretary-General has laid out a three-pillar strategy for the implementation of the responsibility to protect (see A/63/677), drawn from paragraphs 138 and 139 of the 2005 World Summit Outcome. The first pillar emphasizes the primary responsibility of States to protect their populations by preventing genocide, war crimes, ethnic cleansing and crimes against humanity (atrocity crimes). The second highlights the commitment of the international community to assist States to meet their obligations and to provide necessary support and capacity-building measures when a State is unable to meet its obligation to protect populations. Under the third pillar, the international community must use appropriate diplomatic, humanitarian and other means to protect populations from these crimes but must be prepared to take additional collective action to protect populations, in accordance with the Charter of the United Nations. The three pillars are not sequential and each pillar is of equal importance. They are also mutually reinforcing: while appointing a special envoy to a country to monitor a deteriorating situation is a response on its own, it is also a preventative tool as it might help to stop the violence from escalating.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Progress and challenges relating to the human rights of IDPs 2016, para. 52
- Paragraph text
- Although they require initial funds and resources, such projects can become self-sustaining and income-generating and may provide a stepping stone towards the local integration of internally displaced persons and help to rebuild local economies. UNDP notes that such projects can strengthen capacities to cope with the shocks and negative impacts of a crisis. Internally displaced persons may be able to move out of collective shelters into rented accommodation and reduce their reliance on humanitarian assistance, therefore allowing such assistance to be targeted elsewhere. They can contribute to building social cohesion and assisting local integration. Various social groups may be involved in common activities that can build a sense of community. They may strengthen the capacity of and empower local civil society partners to maintain projects and replicate them in different locations. Working with local partners helps to shift the focus of projects away from the distribution of aid towards the delivery of services and the building of local resilience, by helping people to enhance their positive coping mechanisms.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Outcomes and commitments on internal displacement of the World Humanitarian Summit 2016, para. 46
- Paragraph text
- The commitment to action emphasizes that new ways of working require using resources and capabilities better, improving Sustainable Development Goal outcomes for people in situations of risk, vulnerability and crisis and shrinking humanitarian needs over the long term. It requires galvanizing new partnerships and collaboration, including the private sector, local actors and multilateral development banks, to provide additional capabilities and resources to achieve collective and measurable outcomes, based on a shared understanding of sustainability, vulnerability and resilience. Operationally, it will require shared data, analysis and information, joined-up planning and programming processes and more effective leadership, as well as new financing modalities to support collective outcomes. In this new way of working, internally displaced persons must be taken fully into account by States and international partners in their efforts to achieve the Sustainable Development Goals, as examined by the Special Rapporteur in his 2015 report to the Human Rights Council (A/HRC/29/34).
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Outcomes and commitments on internal displacement of the World Humanitarian Summit 2016, para. 22
- Paragraph text
- Several States and organizations made specific commitments on internally displaced persons, notably as follows: the European Union committed to implement its strategic vision on forced displacement, including promoting collaboration between humanitarian and development partners at the outset of crises, to strengthen data collection and analysis and to engage with Governments to ensure the inclusion of displaced persons in national development plans; the United Kingdom of Great Britain and Northern Ireland committed to increase multi-year humanitarian funding to protracted displacement situations; the United States of America committed to increase funding for humanitarian action and to increase financing sustainability in protracted displacement situations; Uganda committed to host a secretariat for the Kampala Convention; Somalia shared its plan to adopt a policy on internally displaced persons, in line with the Convention; the Philippines committed to adopt a national bill on internally displaced persons; and the World Bank vowed to tackle forced displacement as a high priority.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Outcomes and commitments on internal displacement of the World Humanitarian Summit 2016, para. 18
- Paragraph text
- The Secretary-General's Agenda for Humanity lays out innovative and creative approaches: States should invest in political solutions to end the causes of displacement and in the return, integration or resettlement of the displaced; develop national legislation, policies and capacities for the protection of displaced persons and their integration into national social safety nets, education programmes, labour markets and development plans; recognize displaced people as socioeconomic assets rather than "responsibilities" and incentivize the development of local markets and private sector activity; direct appropriate national resources and international financing towards national and local systems that address their needs and those of host communities; ensure that humanitarian and development actors, local authorities and private sector enterprises work collectively, across institutional divides and mandates and in multi-year frameworks, to end aid dependency and promote self-reliance; and adopt and implement regional and national legal and policy frameworks on internal displacement.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Achieving durable solutions for internally displaced persons in urban settings 2014, para. 61r
- Paragraph text
- [Durable solutions remain available options for internally displaced persons, including those in urban settings. The very nature of urban displacement, however, tends to lend weight to local integration as the viable choice preferred by internally displaced persons in urban areas. Informed by the Guiding Principles on Internal Displacement and the Framework on Durable Solutions for Internally Displaced Persons, the Special Rapporteur reiterates his recommendations made in his previous reports (A/HRC/19/54 and A/68/225) and adds the following recommendations to:] [International organizations, including humanitarian and development actors, and urban planners as relevant] Promote the development of an inter-agency platform for information management on trends and protection concerns with regard to internally displaced persons, making it publicly available, and develop a more comprehensive understanding of the complexity of urban environments and systems (e.g. responsible urbanization, urban planning and building codes);
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Internally displaced women: progress, challenges and the way ahead 2013, para. 43
- Paragraph text
- However, opportunities for IDW to participate actively in decision-making processes remain particularly limited. For example, IDW have rarely played an active role in developing, implementing and monitoring national action plans on Security Council resolution 1325 (2000), although IDW in a diverse range of contexts have demonstrated their ability and determination to play leading roles in developing and implementing policies and programmes concerning them. Unfortunately, the participatory approaches used to identify protection gaps of concern to IDW often do not extend to ensuring that they have an active say in the development, implementation and evaluation of responses to these gaps. IDW should therefore be given the opportunity to actively participate in peace processes; in negotiating durable solutions and the planning process for returns, reintegration or resettlement; and in post-conflict reconstruction and rebuilding. Participation of women in humanitarian planning should further reflect the diversity of the population and seek to include adolescent girls, youth and those with disabilities.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Adolescents
- Girls
- Persons on the move
- Women
- Youth
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Durable solutions for internally displaced persons: advancing the agenda: addressing the role of humanitarian and development actors in achieving durable solutions for internally displaced persons through peacebuilding in the aftermath of conflict 2013, para. 32
- Paragraph text
- Various ad hoc initiatives to link emergency and development assistance followed the two international conferences, including IASC Working Group deliberations that led to the establishment of a reference group on post-conflict reintegration, convened by UNDP. In 1999, UNHCR and the World Bank co-sponsored two round tables on the gap between humanitarian assistance and long-term development in post-conflict, forced displacement contexts (known as the Brookings Process). Under the leadership of the United Nations High Commissioner for Refugees and the President of the World Bank, the round tables identified opportunities to improve institutional and financial arrangements to overcome the gap and field-level partnership initiatives to tackle the problem.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Evolution, challenges and trends in internal displacement 2012, para. 67f
- Paragraph text
- Monitor, support and build capacity to address climate change-related internal displacement, including displacement due to both sudden and slow onset natural hazards. In that regard, relevant international and national actors should, inter alia, increase awareness and understanding of displacement caused by slow onset natural disasters; develop concrete strategies and measures to follow up on relevant provisions of the Cancun Agreement; and promote a human rights-based approach in all actions and strategies to address displacement related to natural disasters and climate change. Relevant actors should also develop adaptation measures which are comprehensive and include disaster risk reduction and prevention, and the minimization of internal displacement, as well as durable solutions; promote mechanisms for the engagement of affected communities; and develop guidance for States on how to ensure that displacement is taken into account in the climate change debate, on available normative standards and on the human rights implications of that type of displacement;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Evolution, challenges and trends in internal displacement 2012, para. 64
- Paragraph text
- Further areas in need of strengthened and more focused attention include preparedness, prevention and mitigation frameworks relating to internal displacement; norms relating to appropriate compensation of or reparation to internally displaced persons; climate change and approaches for addressing displacement in slow onset disasters; and bridging of the humanitarian/development gap, which continues to be both structural and operational. The need for greater support can also be envisaged in order to strengthen the role and capacity of national human rights institutions in the protection of the rights of internally displaced persons; to assist States in addressing the administrative and structural challenges faced by central and local authorities that impede effective responses to situations of internal displacement; and to assist regional institutions and States in the development of policy and legal frameworks on internal displacement, in line with international standards. While not exhaustive, the above list is representative of some of the opportunities and challenges in addressing internal displacement in coming years.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 28
- Paragraph text
- In this context, the Special Rapporteur wishes to emphasize that the Human Rights Committee, in paragraph 7 of its general comment No. 29, on states of emergency, found the right to a fair trial to be a non-derogable right to the extent that guarantees of a fair trial may never be made subject to measures of derogation that would circumvent the protection of non-derogable rights. The principles of legality and the rule of law, which, according to the Human Rights Committee in paragraph 6 of its general comment No. 32, on article 14 of the International Covenant on Civil and Political Rights, are non-derogable under the Covenant, require procedural safeguards to be respected for persons tried under legislation relating to national security. The Special Rapporteur therefore urges States to abide by those principles and also to ensure that the principles elaborated by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (A/63/223, paras. 31-42) are respected when trying human rights defenders or their clients under legislation relating to national security.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 77
- Paragraph text
- With regard to arrests, detentions and criminalization, the majority of these communications were sent to the Russian Federation (10 communications), Belarus (eight communications), and Uzbekistan (eight communications). In this regard, eleven communications were sent to the Russian Federation, 11 to Uzbekistan, and 10 to Belarus. In this context, those most at risk of arrest appear to include women defenders working on human rights issues related to the conflict in the North Caucasus; pro-democracy advocates, particularly in Belarus; women's rights defenders in Belarus and Uzbekistan, those denouncing violations to the European Court of Human Rights, particularly in the Russian Federation, and women journalists in all three countries. In other European countries, smaller numbers of communications concerning allegations of arrests, and detentions were sent to, inter alia, Turkey, the Kyrgyz Republic, Turkmenistan and Spain. Communications regarding other forms of criminalization and judicial harassment were sent to Azerbaijan, France, Greece, Kyrgyzstan, Republic of Moldova, and Turkey.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Activists
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 36
- Paragraph text
- The Special Rapporteur notes that, in time of public emergency which threatens the life of the nation and which is officially and lawfully proclaimed in accordance with international law, a State may derogate from certain rights, including the right to freedom of expression. However, derogations are permissible only to the extent strictly required by the exigencies of the situation and only when and for so long as they are not inconsistent with its obligations under international law. Moreover, there are certain non-derogable rights, as outlined in article 4(2) of the International Covenant on Civil and Political Rights. Hence, a journalist should never, under any circumstances, be arbitrarily deprived of his or her life, subjected to torture or to cruel, inhuman or degrading treatment or punishment, imprisoned merely on the grounds of inability to fulfil a contractual obligation, held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence at the time when it was committed, denied recognition as a person before the law, or denied the right to freedom of thought, conscience and religion.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 43
- Paragraph text
- At the regional level, the Kampala Convention, the only legally binding regional standard on internal displacement, was adopted in October 2009. The Special Rapporteur will continue to support the African Union by promoting implementation of the Convention, including through the Conference of States Parties, and attended the historic first meeting of the Conference, held in Harare from 3 to 5 April 2017. She emphasized that its establishment was an essential next step towards promoting and monitoring implementation of the Convention. She will engage closely with African States — those visited by her predecessors, and other States — to initiate and extend dialogue and to offer technical cooperation to assist them to fulfil commitments under the Convention. She issued a press release in which she noted that States must adopt concrete measures to ensure that this innovative and comprehensive agreement translates into real gains for internally displaced persons. In view of the positive example set by the African Union, she will continue to advocate for regional standards for the protection of internally displaced persons to be adopted in other regions, as relevant.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 19
- Paragraph text
- The prohibition of torture is absolute and non-derogable, meaning that "no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture". The prohibition of torture must not be limited or balanced against any other right or concern, and States are not permitted to derogate from their obligations even in times of emergency or armed conflict (see A/HRC/13/39/Add.5, paras. 41-42). Likewise, the prohibition of cruel, inhuman or degrading treatment or punishment is considered to be non-derogable and, therefore, must be observed in all circumstances. The gravity of torture also finds expression in the attendant obligations on States to adopt effective legislative, administrative, judicial and/or other measures to prevent acts of torture or other ill-treatment in any territory under their jurisdiction, the obligation to criminalize acts of torture, and the customary international law obligation to investigate, prosecute and punish all acts of torture and other ill-treatment as codified, inter alia, in the Convention.
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 40
- Paragraph text
- Conflict and post-conflict situations often exacerbate an existing environment of discrimination, subordination, violence against women and men's control over their sexuality. Findings of "unimaginable brutality" in the first mandate-holder's report on violence against women during times of armed conflict continue to hold true. Military environments in general, characterized by a hierarchical and command-driven culture, expose women to heightened risks of violence and abuse. As reported following the visit of the Special Rapporteur to the United States, sexual assault and harassment of women in the military has been acknowledged as a pervasive form of violence against women. While most cases of sexual assault in the military go unreported, statistics suggest that women constitute the vast majority of those who report cases. Reflective of a similar tendency of solving domestic violence cases through negotiation and reconciliation, the overwhelming majority of sexual assault cases in the United States military are disposed of through non judicial punishment: only 14 to 18 per cent of cases are prosecuted.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Durable solutions for internally displaced persons: advancing the agenda: addressing the role of humanitarian and development actors in achieving durable solutions for internally displaced persons through peacebuilding in the aftermath of conflict 2013, para. 29
- Paragraph text
- Since at least the 1960s, the case for bridging the gap between relief and development assistance to displaced populations has been made, but efforts to tackle the problem have waxed and waned. It is the collective experience of the mandate holders over the years that internally displaced persons are worse after the emergency phase of humanitarian assistance in terms of livelihoods, social services, shelter, adequate food and access to health and education, for example. This is due to the fact that humanitarian actors often disengage from providing assistance after the emergency phase of a humanitarian crisis and development actors do not become involved until normal conditions for promoting early recovery, reconstruction and durable solutions are established.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Evolution, challenges and trends in internal displacement 2012, para. 31
- Paragraph text
- This humanitarian reform process, and the cluster system currently in place, seeks to render the humanitarian response (including in internal displacement situations) more predictable, through a system by which different organizations assume lead responsibility for specific sectors of the response. The system has introduced significant improvements with regard to predictability, clearer lines of responsibility and improved coordination. It has also raised a number of challenges, including the challenge of coordination between a large number of diverse actors with different organizational mandates, tools and approaches. The ongoing work being done to streamline some of those approaches and tools, to enhance coordination and information sharing systems, and to learn from the ongoing evaluation of the work of cluster teams in various parts of the world, and the wider efforts to strengthen humanitarian system structures (such as through the current "transformative agenda"), are essential to the evolution of a system challenged not only by its own structural complexities but also by complex and changing humanitarian environments and needs.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 64
- Paragraph text
- The amount of compensation awarded runs into millions of dollars and is an additional blow to developing States, especially those undergoing or recovering from crisis. For example, in Al-Kharafi v. Libya, the claimant was awarded more than $935 million. The enormous size of such awards can have a negative effect on the State's ability to implement health policies. For example, in CME v. Czech Republic, the compensation awarded to the investor was equal to the entire health budget of the State. States may also have to bear not only legal costs incurred by them during arbitration but also those incurred by the successful claimant. Even where States are successful, they may have to pay a heavy fee for the arbitrators.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 21
- Paragraph text
- The constitutional jurisprudence of India provides for the justiciability of economic, social and cultural rights based on "the right to life". This constitutional right was central to the case of People's Union for Civil Liberties ("PUCL") v. Union of India. In mid-2001, public food and employment programmes failed to provide food to deprived people in the impoverished and drought-stricken State of Rajasthan. The Supreme Court of India was petitioned by PUCL to compel the Government to respond to the hunger emergency. In response to the submissions, the Supreme Court held that the right to food was enshrined in the Constitution under the right to life provision in article 47, which requires that the State undertake measures to improve the nutritional state of the population. The Court handed down a series of resolutions which commenced in 2001 requiring State governments in India to implement food distribution programmes for the most disadvantaged. The Court's resolution had a considerable impact on the realization of the right to food in India, and provides an example of the influential role played by the judiciary in encouraging a legislative body to develop human rights legislation.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Poverty
- Person(s) affected
- All
- Year
- 2015
- 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 2017, para. 48
- Paragraph text
- While the lawfulness of specific weapons and other means of warfare has long been regulated in international humanitarian law, it has more recently also become an issue of consideration under human rights law with regard to the wider context of law enforcement. It is increasingly recognized that certain weapons and other means of law enforcement may be inherently cruel, inhuman or degrading by nature or design and, accordingly, that their use, production and trade would be incompatible with the prohibition of torture and other cruel, inhuman or degrading treatment or punishment (General Assembly resolution 66/150, para. 24, and resolution 68/156, para. 30). Ever since the establishment of the mandate of the Special Rapporteur, mandate holders have expressed concern in this respect, starting in the very first report of the Special Rapporteur to the Commission on Human Rights, in 1986 (E/CN.4/1986/15, paras. 120-121), but most notably in a report prepared at the express request of the Commission in 2003 (E/CN.4/2003/69).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 58
- Paragraph text
- Another aspect of States’ failure to protect children in the context of humanitarian responses is the alarming practice of child detention owing to their irregular migration status. The Committee on the Rights of the Child and other human rights mechanisms have underscored that immigration-related detention of children can never be in their best interests and that, no matter whether they are unaccompanied or with their families, their detention constitutes a violation of their rights that, at times, may amount to “torture and ill-treatment”. The reasons invoked by States to resort to immigration-related detention of children include health and security screening, identity verification, protection and the facilitation of removal from the country. Alternatives to child detention should be sought. Children should be allowed to reside in a community-based context while their immigration status is being resolved. Good practices of such alternatives include the child-sensitive community assessment and placement model.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 56
- Paragraph text
- While some refugee and internally displaced persons camps have separate facilities for unaccompanied or separated children, they often lack family-based solutions and have very limited capacity to face the increasing number of unaccompanied or separated children. As a consequence, children share their living space with adults or are held in prolonged detention. In addition, even when children are offered a separated living area, those are often easily accessible to everyone, especially during night-time. Moreover, certain camps fail to provide basic amenities, such as appropriate health-care services or gender-differentiated sanitation. The lack of adequate lightning, the layout of some camps and a shortage of security personnel further increase the vulnerability of children to abuse. Finally, the reluctance of many European countries to provide refugee children with a safe and permanent home continues to aggravate the situation by prolonging the stay of children in the facilities.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph