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Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 60
- Paragraph text
- There is a pressing need to step up the overall involvement of forensic medical science across the various sectors of the criminal justice cycle, and where persons are at particular risk, including administrative, pretrial and juvenile detention and psychiatric institutions. If police officers, prison wardens, hospital administrators, prosecutors and judges were under a legal obligation to request proper forensic medical examinations as a standard procedure whenever there are suspicions or allegations of torture or other ill-treatment, victims would be in a considerably stronger position. In addition to their role in prosecution, forensic medical services can also play a transforming role in prevention. As required in the Body of Principles and expanded in the standard-setting Istanbul Protocol, routine medical examinations of detainees after admission to every place of detention create a system of "checkpoints" that minimizes the number of unaccounted cases of torture and renders impossible a shifting of blame and accountability among various detention facilities and authorities.
- 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
- Health
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 24
- Paragraph text
- In this regard, the Special Rapporteur recalls that the right to freedom of peaceful assembly does not require the issuance of a permit to hold an assembly. If necessary, a mere prior notification, intended for large assemblies or for assemblies at which some degree of disruption is anticipated, may be required. Spontaneous peaceful assemblies, which usually occur in reaction to a specific event - such as the announcement of results - and which by definition cannot be subject to prior notification, should be more tolerated in the context of elections. In addition, the Special Rapporteur considers laws establishing authorization procedures to be even more problematic in the context of elections, as authorization may be arbitrarily denied, especially when demonstrators intend to criticize Government policies. In the Sudan, a peaceful demonstration organized by an independent gubernatorial candidate for the April 2010 elections was curbed by police forces invoking the failure of the organizers to seek permission. Several protestors were arrested and/or injured by security forces.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Pathways to, conditions and consequences of incarceration for women 2013, para. 53
- Paragraph text
- In India, the conditions in which prisoners are held can vary according to how they are classified: foreign citizens, political prisoners and individuals belonging to "higher" castes receive better treatment while incarcerated, including placement in larger or less-crowded prison cells, access to books and newspapers, and more and better food. Those who belong to the "lower" castes do not receive these benefits.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 86e
- Paragraph text
- [With regard to conditions during detention, the Special Rapporteur calls upon all States:] To prohibit corporal punishment;
- 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
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 86b
- Paragraph text
- [With regard to conditions during detention, the Special Rapporteur calls upon all States:] To consider case-by-case assessment to decide whether it is appropriate for a particular inmate to be transferred to an adult institution after reaching the age of majority;
- 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
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Review of the standard minimum rules for the treatment of prisoners 2013, para. 88e
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Endeavour to reduce pretrial detention and undertake comprehensive justice reforms with a view to enhance the use of alternatives to pretrial detention and custodial sentences;
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 45
- Paragraph text
- States also use solitary confinement to isolate individuals during pre-charge or pretrial detention. In some States, such as Denmark, holding individuals in solitary confinement is a regular feature of pretrial detention (A/63/175, para. 78 (i)). The purposes for the use of solitary confinement in pre-charge and pretrial detention vary widely, and include preventing the intermingling of detainees to avoid demoralization and collusion, and to apply pressure on detainees to elicit cooperation or extract a confession.
- 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
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Reflection on a 6-year tenure as Special Rapporteur on the sale of children, child prostitution and child pornography 2014, para. 96
- Paragraph text
- During her visit to Estonia, the Special Rapporteur welcomed the information provided by the Ministry of Justice about an ongoing initiative to establish an electronic database to store information related to all cases that are referred to the justice system, including the type of crime, the age of the accused and the victim(s), gender and other elements.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Protection of children from sale and sexual exploitation following humanitarian crisis due to natural disasters 2012, para. 107
- Paragraph text
- Personal identity documentation should be provided as soon as possible; a new identity should only be established as a last resort. Where possible, the internationally agreed full registration form (long form) should be used in the initial stage of the report.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The human rights situation of Roma worldwide, with a particular focus on the phenomenon of anti-Gypsyism 2015, para. 109
- Paragraph text
- Data collection should be based on self-identification and take place in a sensitive manner, respecting privacy in accordance with international standards of data protection. Roma civil society, individuals and communities should be involved throughout the process, from designing data collection methods to collection and analysis of the data.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 76
- Paragraph text
- In the United Kingdom and parts of Canada and Spain, police are required to record and issue a receipt to anyone they stop, question or search, indicating the person's ethnic origin (where possible, self-identified), the name of the police officer, and the date, location and reason for the action. Such practices should, in principle, be implemented by all law enforcement agencies.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 57
- Paragraph text
- Failure to accommodate a convicted minority prisoner's particular needs may cause so much additional suffering, compared with that of non-minority prisoners in an equivalent position, as to render the punishment discriminatory and a violation of equality before the law. Such punishment could constitute cruel, inhuman or degrading punishment or even torture.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 29
- Paragraph text
- The Standard Minimum Rules for the Treatment of Prisoners, which apply to all categories of prisoners, both criminal and those imprisoned under any other non-criminal process, set out minimum standards for, inter alia, accommodation, personal hygiene, clothing, bedding, food, exercise, access to newspapers, books and religious advisers, communication with the outside world and medical services.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Health
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Vision and Working Methods of the Mandate 2014, para. 114
- Paragraph text
- The Special Rapporteur welcomes the extension of the mandate and will always be conscious of the preamble and the recommendations of the resolution which will be the guiding lines of his future work.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 101
- Paragraph text
- States should ensure that penalties for defamation under civil law are limited in order to ensure proportionality to the harm done.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 98
- Paragraph text
- States should ensure that the right of access to information is subject to narrow and clearly defined limitations to protect overriding public and private interests, including the right to privacy. Provisions for withholding information should be clearly defined by law.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 18
- Paragraph text
- Article 1 of the Universal Declaration of Human Rights provides that "all human beings are born free and equal in dignity and rights" and article 2 affirms that everyone, without distinction in terms of sex, is entitled to the rights set forth therein, which include, inter alia, the rights to freedom of expression, association, assembly, and participation in Government.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 105
- Paragraph text
- States should refrain from criminalizing, limiting or censoring the exercise of freedom of expression. Except for the permissible and legitimate restrictions established in international human rights law, any measure of this kind should be abolished.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 96
- Paragraph text
- States have obligations under international human rights law to ensure that everyone within their jurisdiction is able to exercise his or her rights. Those obligations include refraining from violating workers' rights, taking positive measures to fulfil the rights and protecting against violations by third parties.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 35
- Paragraph text
- Honduran law, for example, provides that the authorities may order the dissolution of an association when it fails to present an annual report within two years or when an agent of the organization commits a crime. No similar provisions exist for business entities.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 90e
- Paragraph text
- [Moreover, the Special Rapporteur calls upon States members of multilateral institutions to:] Refrain from throwing away/destroying leaflets and other documents produced by civil society actors and made available in multilateral arenas;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 51
- Paragraph text
- The aforementioned presumption further means that, in a free and democratic society, no authorization should be required to assemble peacefully. In this regard, the Special Rapporteur stresses again that the exercise of the right to freedom of peaceful assembly, should be "governed at most by a regime of prior notification whose rationale is to allow State authorities to facilitate this exercise and to take measures to protect public safety and order and the rights and freedoms of others" (A/HRC/20/27, para. 28). The notable exception to this principle is that of spontaneous peaceful assemblies where organizers are unable to comply with the requisite notification requirements or where there is no existing or identifiable organizer. Fundamentally, the Special Rapporteur reiterates that "should the organizers fail to notify the authorities, the assembly should not be dissolved automatically and the organizers should not be subject to criminal sanctions, or administrative sanctions resulting in fines or imprisonment" (para. 29).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 34
- Paragraph text
- The Special Rapporteur expresses his utmost concern in relation to peaceful assemblies that were either not allowed or violently dispersed in a number of countries, such as in Bahrain, Belarus, China, Egypt, the Islamic Republic of Iran, Malawi, Malaysia, Sri Lanka and the Syrian Arab Republic.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 36
- Paragraph text
- The trend lines regarding security and privacy online are deeply worrying. States often fail to provide public justification to support restrictions. Encrypted and anonymous communications may frustrate law enforcement and counter-terrorism officials, and they complicate surveillance, but State authorities have not generally identified situations - even in general terms, given the potential need for confidentiality - where a restriction has been necessary to achieve a legitimate goal. States downplay the value of traditional non-digital tools in law enforcement and counter-terrorism efforts, including transnational cooperation. As a consequence, the public lacks an opportunity to measure whether restrictions on their online security would be justified by any real gains in national security and crime prevention. Efforts to restrict encryption and anonymity also tend to be quick reactions to terrorism, even when the attackers themselves are not alleged to have used encryption or anonymity to plan or carry out an attack. Moreover, even where the restriction is arguably in pursuit of a legitimate interest, many laws and policies regularly do not meet the standards of necessity and proportionality and have broad, deleterious effects on the ability of all individuals to exercise freely their rights to privacy and freedom of opinion and expression.
- 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
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The protection of sources and whistle-blowers 2015, para. 18
- Paragraph text
- Today, journalists and other "social communicators" may claim the right of confidentiality for the source. Persons other than journalists inform the public and carry out a "vital public watchdog role". International bodies increasingly use terms more general than "journalist", such as "media professionals" or "media workers". The African Commission on Human and Peoples' Rights refers to "media practitioners" and the Organization for Security and Cooperation in Europe Representative on Freedom of the Media refers to "new participants in journalism". All those terms demonstrate an understanding that those performing the same journalistic functions should enjoy the right to protect sources. The Council of Europe has defined the term "journalist" functionally as "any natural or legal person who is regularly or professionally engaged in the collection and dissemination of information to the public via any means of mass communication". For the purposes of source protection - when, as the Norwegian Supreme Court has noted, the broadest protection should be available - any person or entity involved in collecting or gathering information with the intent to publish or otherwise disseminate it publicly should be permitted to claim the right to protect a source's confidentiality. Regular, professional engagement may indicate protection, but its absence should not be a presumptive bar to those who collect information for public dissemination.
- 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
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 47
- Paragraph text
- Lastly, the circulation of false information has been considered in certain cases to be a violation in itself, especially where individuals or groups of individuals have been submitted to odium, stigmatization, public scorn, persecution or discrimination by means of public declarations by public officials.
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 95
- Paragraph text
- The presence of such risks deters journalists from continuing their work, or encourages self-censorship on sensitive matters. Consequently, society as a whole may not be able to access important information.
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 86
- Paragraph text
- Many journalists continue to inform the Special Rapporteur that the systematic use of unjustified criminal prosecution or even civil tort prosecution with disproportionate financial sanctions paralyzes journalistic investigation and generates an atmosphere of intimidation, which constitutes a form of judicial harassment.
- 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
- Governance & Rule of Law
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 77
- Paragraph text
- Combating impunity and ensuring the protection of journalists requires strengthening respect for the rule of law and ensuring that the domestic legal framework and institutions promote the right to freedom of expression and support the establishment of free, independent and pluralistic media. The Special Rapporteur notes with concern the continuing existence and application of domestic legislation which criminalize expression.
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 57
- Paragraph text
- As well as having an obligation to prevent human rights violations against journalists, such as killings, ill-treatment or unlawful arrest, States also have a responsibility to ensure that their national legal systems do not permit impunity in cases when such violations take place. The issue of impunity is further discussed below.
- 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
- Governance & Rule of Law
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph