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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
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
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
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
The Special Rapporteur's vision of the mandate 2017, para. 67
- Paragraph text
- In the first few months of her work, she has already engaged in fruitful discussions with other relevant mandate holders on how to streamline communications and make them more effective. She will pay particular attention to the follow-up to her communications.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46a
- Paragraph text
- [The first thematic report to the Human Rights Council, in 2018, will be focused on the use of force, including less lethal weapons, and the management of assemblies, building upon the joint report on the proper management of assemblies presented in 2016 (see paras. 22 and 41 above), pursuant to Council resolution 25/38. In addition to following up on the compilation of practical recommendations for the proper management of assemblies provided in the joint report, the Special Rapporteur will tackle current and emerging issues, including:] The distinction between situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, and cases of armed conflicts not of an international character. The latter trigger the application of article 3 common to the Geneva Conventions relating to the protection of victims of international armed conflicts and the application of the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of non-international armed conflicts. In that respect, the Special Rapporteur will discuss the principle that international humanitarian law does not apply to the exclusion of fundamental human rights law, but fully complements it;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- 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
Extreme poverty and human rights on universal basic income 2017, para. 68
- Paragraph text
- How then should human rights actors and institutions respond to the crisis of economic insecurity and the phenomena associated with it? And where might a campaign to achieve a basic income fit into the overall equation?
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
SRSG on violence against children: Annual report 2013, para. 117
- Paragraph text
- The next few years will be strategic for moving in this direction. But progress will be dependent on urgent and steady action, with a special emphasis on the following priority dimensions.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Environment
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
SRSG on violence against children: Annual report 2012, para. 104
- Paragraph text
- The next few years will be strategic for moving forward in that direction, but progress will be dependent on urgent and steady action, with special emphasis on the following priority dimensions.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
SRSG on violence against children: Annual report 2012, para. 78
- Paragraph text
- As noted by the above-mentioned regional reviews, investment in this area remains urgent and vital to support effective action. In this regard, the conclusions and recommendations of the expert consultation on data and research (see para. 24 above) are an important reference for future initiatives.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Environment
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 38b
- Paragraph text
- [Such facilitated mobility would have obvious advantages, including the fact that it would:] Enable all security checks by intelligence agencies to be made in a timely manner and mostly in the destination country;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
SRSG on violence against children: Annual report 2012, para. 39
- Paragraph text
- Since the launch of the campaign, 14 States have ratified the Optional Protocol - Côte d'Ivoire, Djibouti, Guinea, Guinea-Bissau, Guyana, Jamaica, Luxembourg, Malta, Mauritius, New Zealand, Nigeria, Pakistan, San Marino and Saudi Arabia. The Central African Republic and Saint Lucia have signed.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
SRSG on violence against children: Annual report 2011, para. 79
- Paragraph text
- UNICEF provides administrative support for the mandate, having established a trust account to receive, hold, administer and disburse financial contributions provided to fund the operation of the Office of the Special Representative, including payment for personnel costs.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
SRSG on children and armed conflict: Annual report 2014, para. 82
- Paragraph text
- The Special Representative calls upon Member States, regional organizations and parties to conflict to make every effort to protect schools and hospitals and to adopt concrete measures to deter the military use of schools.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Education
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 80e
- Paragraph text
- [The full realization of human rights can require complex trade-offs that are even more difficult in situations of economic crisis. Having a plan or a vision guided by a human rights framework helps authorities to prioritize the realization of human rights above other considerations. Yet, a human rights framework provides no single answer on how to set priorities in a case where not all can be reached at the same time - for instance the distribution of resources between neglected remote rural areas and deprived urban slum areas. What human rights standards and principles call for is that such allocation decisions are not based solely on a cost-utility analysis, but are the result of a democratic, participatory and non-discriminatory process. In this regard:] States must devise specific strategies to address discrimination and reach the most disadvantaged. They must identify vulnerable and marginalized populations, patterns of discrimination, and their underlying structural causes by, inter alia, collecting disaggregated data. They must set specific targets to reduce inequalities in access, develop tailored interventions for specific circumstances and specifically monitor progress for these groups;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Due diligence and trafficking in persons 2015, para. 17
- Paragraph text
- Due diligence is too often limited in practice because it is seen as requiring resources and State capacity to control private actors. This can give rise to questions about the role of due diligence in contexts where capacities of States are diminished (e.g., in conflict or crisis) or where States' capacities to protect human rights from acts of third parties have not kept pace with the rise of powerful private actors, such as corporations and other non-State actors such as armed groups. Because due diligence is an obligation of conduct, it does not insist on a one-size-fits-all approach that requires uniform outcomes from differently situated States. As an obligation of conduct, however, due diligence does require "States to take reasonable measures that have a real prospect of altering the outcome or mitigating the harm." States are also required to undertake substantive review and assessment policies to test results and effectiveness, including whether they are taking appropriate measures to ensure the human rights of trafficked persons. This requirement of due diligence assessment is particularly important when potential infringements come from failures of the State to act with regard to non-State actors as omissions can be particularly difficult to measure.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Study on illegal adoptions 2017, para. 96f
- Paragraph text
- [At the national level] [At the national level] [Specifically in respect of intercountry adoptions:] The provision of development or humanitarian aid must not be linked to an authorization to carry out adoptions;
- 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)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Protection of children from sale and sexual exploitation following humanitarian crisis due to natural disasters 2012, para. 44
- Paragraph text
- The focus must be shifted from crisis response to preparation and planning, coupled with mandated accountability, monitoring and follow-up.
- 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)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 67g
- Paragraph text
- [Furthermore, monitoring institutions must:] Undertake rigorous and periodic independent monitoring to determine what progress has been achieved and what challenges remain.
- 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)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 35
- Paragraph text
- Furthermore, identification can play a key role in the creation and implementation of targeted prevention strategies and response measures to address existing protection gaps.
- 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)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 88
- Paragraph text
- The Haitian authorities, including the present interim Government, needs to overcome the reluctance of previous Governments to press the international community to ensure that the human rights of its citizens are upheld.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Access to medicines in the context of the right-to-health framework 2013, para. 65
- Paragraph text
- Regulators in some of the developing countries surveyed by the Special Rapporteur reported the use of outdated methods and processes for enforcement, largely due to the lack of technical capacity, financial and human resources. For example, one such State regretted having sufficient inspectors to guard only 3 out of 41 ports of entry. Inspection of foreign production sites is an even greater challenge for resource-constrained importing countries. Regulatory bodies in many countries are generally funded by user fees, collected through licensing fees and inspection activities. However, these funds are insufficient to sustain effective regulation, given the scale and volume of production and import in most countries. States should therefore substantially increase budgetary support for their regulatory authorities to sustain the quality control activities and increase recruitment and training of staff. Regulatory bodies of importing developing countries could cooperate with their counterparts in the exporting countries to build regulatory capacities, share local inspection information of companies under their jurisdiction, and conduct joint inspections through cost-effective use of resources.
- 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
- 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. 61
- Paragraph text
- States, international organizations, corporations and civil society groups should promote online security. Given the relevance of new communication technologies in the promotion of human rights and development, all those involved should systematically promote access to encryption and anonymity without discrimination. The Special Rapporteur urgently calls upon entities of the United Nations system, especially those involved in human rights and humanitarian protection, to support the use of communication security tools in order to ensure that those who interact with them may do so securely. United Nations entities must revise their communication practices and tools and invest resources in enhancing security and confidentiality for the multiple stakeholders interacting with the Organization through digital communications. Particular attention must be paid by human rights protection mechanisms when requesting and managing information received from civil society and witnesses and victims of human rights violations.
- 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
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 17
- Paragraph text
- In many countries, existing legislation and practices have not been reviewed and updated to address the threats and challenges of communications surveillance in the digital age. Traditional notions of access to written correspondence, for example, have been imported into laws permitting access to personal computers and other information and communications technologies, without consideration of the expanded uses of such devices and the implications for individuals' rights. At the same time, the absence of laws to regulate global communications surveillance and sharing arrangements has resulted in ad hoc practices that are beyond the supervision of any independent authority. Today, in many States, access to communications data can be conducted by a wide range of public bodies for a wide range of purposes, often without judicial authorization and independent oversight. In addition, States have sought to adopt surveillance arrangements that purport to have extra-territorial effect.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Article 4: States of Emergency 2001, para. 11
- Paragraph text
- The enumeration of non-derogable provisions in article 4 is related to, but not identical with, the question whether certain human rights obligations bear the nature of peremptory norms of international law. The proclamation of certain provisions of the Covenant as being of a non derogable nature, in article 4, paragraph 2, is to be seen partly as recognition of the peremptory nature of some fundamental rights ensured in treaty form in the Covenant (e.g., articles 6 and 7). However, it is apparent that some other provisions of the Covenant were included in the list of non-derogable provisions because it can never become necessary to derogate from these rights during a state of emergency (e.g., articles 11 and 18). Furthermore, the category of peremptory norms extends beyond the list of non-derogable provisions as given in article 4, paragraph 2. States parties may in no circumstances invoke article 4 of the Covenant as justification for acting in violation of humanitarian law or peremptory norms of international law, for instance by taking hostages, by imposing collective punishments, through arbitrary deprivations of liberty or by deviating from fundamental principles of fair trial, including the presumption of innocence.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2001
- Date added
- Aug 19, 2019
Paragraph
Protection from Sexual Abuse and Exploitation 2003, para. 9
- Paragraph text
- Welcoming the June 2002 Report of the Inter-Agency Standing Committee Task-Force on Protection from Sexual Exploitation and Abuse in Humanitarian Crises and its plan of action to address the problem of sexual abuse and exploitation;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2003
- Date added
- Aug 19, 2019
Paragraph
Protection Safeguards in Interception Measures 2003, para. (c)
- Paragraph text
- Encourages States to further study interception measures, including their impact on other States, with a view to ensuring that these do not interfere with obligations under international law.
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2003
- Date added
- Aug 19, 2019
Paragraph
Safety of UNHCR Staff and Other Humanitarian Personnel 1997, para. (d)
- Paragraph text
- [Reaffirms that it continues to be seriously concerned about the stress and safety situation of the staff of UNHCR and its implementing partners, as well as of other humanitarian personnel, and:]
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 1997
- Date added
- Aug 19, 2019
Paragraph
Safety of UNHCR Staff and Other Humanitarian Personnel 1997, para. (b) iii
- Paragraph text
- [Calls upon States and all concerned parties:] to facilitate the discharge of the mandated functions of UNHCR and its implementing partners, as well as of other humanitarian organizations;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 1997
- Date added
- Aug 19, 2019
Paragraph