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.
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