Part II: Preventing torture: NHRIs in action Summary Introduction: The concept of torture prevention and its application • States have an obligation to prevent torture. • There is an important distinction between direct prevention (measures taken before torture occurs to avoid it happening) and indirect prevention (measures taken after torture has occurred to avoid its repetition). • Preventing torture begins with an analysis of risk factors. It also requires a holistic approach involving interventions at three levels: a strong legal framework, effective implementation of the legal framework and oversight mechanisms to monitor and support the legal framework and its implementation. • NHRIs should integrate gender in their torture prevention work through gender mainstreaming and specialised action. Chapter 1: What is torture? • Article 1 of the Convention against Torture defines torture using three cumulative elements: the intentional infliction of severe mental or physical pain; with the direct or indirect involvement of a public official; for a specific purpose. • Torture is prohibited under international law and can never be justified. The prohibition on torture is absolute and non-derogable. • Cruel, inhuman or degrading treatment or punishment is also absolutely prohibited and nonderogable. • A gender-sensitive and intersectional lens is crucial when examining torture. Chapter 2: International and regional instruments on torture and other forms of ill-treatment • Torture is prohibited in a number of international human rights treaties. • The Convention against Torture contains a series of provisions on prevention measures. • Regional instruments in Africa, the Americas, Arab countries, Europe and Southeast Asia also prohibit torture. • ‘Soft law’ standards, both international and regional, complement the prohibition of torture and other ill-treatment. • Gender-based violence and privately inflicted harm can amount to torture. Chapter 3: Promoting legal and procedural reforms • NHRIs can promote ratification of relevant international human rights treaties, such as the Convention against Torture and its Optional Protocol. • NHRIs can promote legal reform, in particular making torture a crime under domestic law. • NHRIs can promote reform of detention procedures. • NHRIs can promote laws and safeguards to protect women and other persons in situations of vulnerability from torture. 151