Part II: Preventing torture: NHRIs in action
Chapter 10:
NHRIs and the Optional Protocol to the
Convention against Torture
KEY QUESTIONS
• How can NHRIs promote ratification of the Optional Protocol to
the Convention against Torture, as well as open debate on the
options for a national preventive mechanism?
• What are the challenges for NHRIs in being designated as a
national preventive mechanism?
• How can NHRIs not designated as a national preventive
mechanism cooperate with the Optional Protocol’s bodies?
Introduction
The Optional Protocol to the Convention against Torture aims to prevent torture and ill-treatment
by establishing a system of regular visits to places of detention. These visits are undertaken by
an international body, the Subcommittee on Prevention of Torture, and by a national preventive
mechanism (NPM). The Optional Protocol was adopted in 2002 and entered into force in 2006. It
represents an important new instrument for the prevention of torture and offers several different roles
that NHRIs can play (see chapter 7 for more information). So far, the majority of NPMs designated are
National Human Rights Institutions.
1. Promoting the Optional Protocol
1.1. Role of NHRIs in the ratification of the Optional Protocol
As part of their general mandate to promote ratification of international instruments, NHRIs can be
actively involved in promoting ratification of the Optional Protocol. This can be done through formal
recommendations to the Government, discussing the importance of the Optional Protocol in its annual
or thematic reports, lobbying relevant Government Ministers and Members of Parliament and raising
awareness and building support with different stakeholders and the public.
When discussing ratification of the Optional Protocol, consideration should also be given to the practical
steps involved in implementing the treaty and, in particular, the possible options for establishing or
designating a NPM.
131
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents