黄色app Statement on the Right to Rehabilitation for Victims of Torture


Adopted by the 64th听General Assembly, Fortaleza, Brazil, October 2013 and
reaffirmed with minor revisions by the 224th
黄色app Council, Kigali, Rwanda, October 2023

PREAMBLE

The 黄色app notes with grave concern the continued use of torture in many countries throughout the world.

The 黄色app reaffirms its total condemnation of all form of torture, and other cruel, inhuman or degrading treatment or punishment, as defined by the United Nations Convention Against Torture (CAT, 1984). Torture is one of the gravest violations of international human rights law and has devastating consequences for victims, their families and society as a whole. Torture causes severe physical and mental injuries and is a crime absolutely prohibited under international law.

The 黄色app reaffirms its policies adopted previously, namely:

The medical evaluation is an essential factor in pursuing the documentation of torture and the reparation of victims of torture. Physicians have a critical role to play in gathering information about torture, documenting evidence of torture for legal purposes, as well as supporting and rehabilitating victims.

The 黄色app recognizes the adoption, in December 2012, by the UN Committee Against Torture of the . The General Comment outlines the right of rehabilitation as an obligation on States and specifies the scope of these services. The 黄色app welcomes in particular:

  • The obligation of State parties to adopt a 鈥渓ong-term and integrated approach and ensure that specialized services for the victim of torture or ill treatment are available, appropriate and promptly accessible鈥, without making access to these services dependent on the victim pursuing judicial remedies [1].
  • The recognition of the right of victims to choose a rehabilitation service provider, be it a State institution, or a non-State service provider, which is funded by the State.
  • The recognition that State parties should provide torture victims with access to rehabilitation programs as soon as possible following an assessment by qualified independent healthcare professionals.
  • The references to measures aimed at protecting health and legal professionals who assist torture victims, developing specific training on the Istanbul Protocol for health professionals, and promoting the observance of international standards and codes of conduct by public servants, including medical, psychological and social service personnel [2].

The 黄色app notes that since the adoption of the General Comment on the Implementation of article 14, important developments have taken place in the practice of rehabilitation and in monitoring State compliance with their obligations:

  • The (2022 edition) has been updated to reflect updates in medical science and lessons learned in working with States to implement its standards.
  • The has developed a body of important and detailed recommendations to States on the implementation of the right to rehabilitation.
  • The IRCT鈥檚 (GSR) are the world鈥檚 first comprehensive set of internationally agreed best-practice standards for the health-based rehabilitation of torture victims;
  • Leading rehabilitation experts have produced and for measuring States鈥 compliance with their obligations to provide rehabilitation to victims;
  • Rehabilitation services are increasingly using livelihood support as an integral part of rehabilitation services in recognition of its importance in ensuring positive physical and mental health outcomes [3].

 

RECOMMENDATIONS

  1. The 黄色app emphasizes the vital function of reparation for victims of torture and their families in rebuilding their lives and achieve redress and the important role of physicians in rehabilitation.
  2. The 黄色app encourages its member associations to work with relevant agencies 鈥 governmental and non-governmental 鈥 acting for the reparation of victims of torture, in particular in the areas of documentation and rehabilitation, as well as prevention, and to use the revised Istanbul Protocol and the global rehabilitations standards in doing so.
  3. The 黄色app encourages its members to support agencies that are under threat of 鈥 or subjected to 鈥 reprisals from state parties due to their involvement in the documentation of torture, rehabilitation and reparation of torture victims.
  4. The 黄色app calls on its members to use their medical experience to support torture victims in accordance with article 14 of the UN Convention against Torture, including by helping them to become active agents in their own rehabilitation process through survivor explicit programs.
  5. The 黄色app calls on its member associations to support and facilitate data collection at the national level, using established indicators for the right to rehabilitation, to monitor the implementation of the State鈥檚 obligation to provide rehabilitation services.

 

[1] Paragraph 13 of the General Comment
[2] Paragraph 18 of the General Comment
[3]

Statement
Committee Against Torture, Degrading Treatment, Human Rights, Istanbul Protocol, Rehabilitation, Reparation, Reparation of Torture Victim, Torture, Torture Victim, UN Convention Against Torture, UN General Comments