strengthening, if necessary, the protection of these persons against torture
and other cruel, inhuman or degrading treatment or punishment.”
• Article 17: “Each State Party shall maintain, designate or establish, at the
latest one year after the entry into force of the present Protocol or of its
ratification or accession, one or several independent national preventive
mechanisms for the prevention of torture at the domestic level. Mechanisms
established by decentralized units may be designated as national preventive
mechanisms for the purposes of the present Protocol if they are in conformity
with its provisions.”
Convention on the Rights of the Child (CRC)
Adopted in 1989 and ratified by New Zealand in 1993
• Article 37: “(a) No child shall be subjected to torture or other cruel, inhuman
or degrading treatment or punishment… (c) Every child deprived of liberty
shall be treated with humanity and respect for the inherent dignity of the
human person, and in a manner which takes into account the needs of
persons of his or her age… .”
Convention on the Rights of Persons with Disabilities (CRPD)
Adopted in 2008 and ratified by New Zealand in 2008
• Article 2: “reasonable accommodation” is defined as: “necessary and
appropriate modification and adjustments not imposing a disproportionate
or undue burden, where needed in a particular case, to ensure to persons
with disabilities the enjoyment or exercise on an equal basis with others of all
human rights and fundamental freedoms.”
• Article 12.4: “States Parties shall ensure that all measures that relate to the
exercise of legal capacity provide for appropriate and effective safeguards to
prevent abuse in accordance with international human rights law.”
• Article 13.2: “In order to help to ensure effective access to justice for persons
with disabilities, States Parties shall promote appropriate training for those
working in the field of administration of justice, including police and prison
staff.”
• Article 15: “1. No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment. … 2. States Parties shall take all effective
legislative, administrative, judicial or other measures to prevent persons with
disabilities, on an equal basis with others, from being subjected to torture or
cruel, inhuman or degrading treatment or punishment.”
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