TORTURE: General Comment by Committee against Torture focuses on redress

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Summary: The Committee against Torture has adopted its third General Comment, focusing on redress for victims.

 The Committee's General Comment explains and clarifies to States parties the content and scope of the obligations under article 14 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or  Punishment. All States parties are required to “ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible.”

The Committee considers that article 14 is applicable to all victims of torture and acts of cruel, inhuman or degrading treatment or punishment without discrimination of any kind, in line with the Committee‟s General Comment No. 2.

Inclusion of Children's Rights

Children's rights were addressed several times in the section focusing on access to mechanisms to obtain redress. The General Comment states:

"Judicial and non-judicial proceedings shall apply gender sensitive procedures which avoid re-victimisation and stigmatisation of victims of torture or ill-treatment." (para 33).

"The Committee also urges States parties to establish human rights offices within police forces and units of officers specifically trained to handle cases of gender-based and sexual violence, including sexual violence perpetrated against men and boys, and violence against children and ethnic, religious, national or other minorities and other marginalized or vulnerable groups." (para 35).

"The Committee furthermore underlines the importance that appropriate procedures are made available to address the needs of children, taking into account the best interests of the child and the child's right to express his or her views freely in all matters affecting him or her, including judicial and administrative proceedings, and that the views of the child are
given due weight in accordance with the age and maturity of the child. States parties should ensure the availability of child sensitive measures for reparation which foster the health and dignity of the child." (para 36).

You can read the full resolution in the above attachment.

Further Information

 

pdf: http://www.crin.org/docs/CAT-C-GC-3-1.pdf

Articles: 
Article 37: Torture and deprivation of liberty
Article 19: Protection from abuse and neglect
Article 40: Administration of juvenile justice
Organisation: 
Office of the United Nations High Commissioner for Human Rights
Attachment Link: 
http://www.crin.org/docs/CAT-C-GC-3-1.pdf
Tags: 
Individual cases of violations
Link : 

Countries

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