Gotowa bibliografia na temat „UN. Commission on Human Rights. Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”

The problem of the use of torture and violence by employees of places of detention against persons who are there has been relevant in Russia for more than a decade. The purpose of the work is to substantiate the need to create legal conditions for increasing the level of legality in the activities of administrations of places of detention and the effectiveness of protecting human rights and freedoms in such places. There are few scientific works on this problem in Russia. The research methodology is based on general scientific and special methods of scientific knowledge, including dialectical, logical, systemic, formal legal and statistical. It is concluded that an increase in the level of legality in the activities of administrations of places of detention is possible as a result of the signing and ratification by the Russian Federation of the Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which provides for the creation on the basis of the principles enshrined in it a new unified preventive system for monitoring the observance of human rights in places of detention — the National Preventive Mechanism (NPM). The scientific and practical significance of the study lies in proposing a conceptual change in the existing system of state and public control over the observance of law in places of detention in Russia.

The fundamental human rights universally recognized in international law are, in particular: the right to life; the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment; the right to privacy, personal and family secrecy, protection of one’s honor and dignity, freedom of conscience and religion, etc. During hostilities, these fundamental values are particularly vulnerable, and their adherence to military conflict is directly dependent on the motives and moral preconditions for such aggression. The norms of international humanitarian law establish appropriate prohibitions or restrictions on the use of certain means and methods of armed struggle, ensuring the protection of victims of conflict and determining the responsibility for violating these norms. International humanitarian law is based on the principle of distinction between combatants and non-combatants, in connection with which the article pays special attention to the protection of the civilian population and the moral and legal components of such protection. Analyzing the convention agreements on the protection of civilians and victims of war, one can observe such fundamental moral components of their rights as life, respect, freedom of conscience and religion, prohibition of torture and humiliation, humane treatment, protection during hostilities and more. In particular, the UN International Court of Justice has repeatedly deduced the responsibilities of the parties to a military conflict from such a general principle of law as the “basic principles of humanity”.Article 3 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War provides for a minimum commitment of the parties in the event of armed conflict to non-combatants, including the following acts against the above: personality, including all forms of murder, mutilation, ill-treatment and torture; b) hostage-taking; c) abuse of human dignity, in particular abusive and degrading treatment; d) the conviction and application of punishment without a prior judgment rendered by a court duly established and providing judicial guarantees recognized by civilized peoples as necessary. It is well known that the attitude of the Russian aggressor towards the peaceful Ukrainian civilian population in its barbarism is not limited to the usual understanding of human rights violations and the principle of humanism during armed conflict. In view of this, the Verkhovna Rada of Ukraine adopted the Resolution “On the Statement of the Verkhovna Rada of Ukraine” On the Russian Federation’s Genocide in Ukraine “”, which recognizes the actions committed by the Armed Forces of the Russian Federation and its political and military leadership during the last phase of against Ukraine, which began on February 24, 2022, with the genocide of the Ukrainian people. This takes into account the consistency and systemic policy of the Russian Federation aimed at mass extermination of the population of Ukraine, violation of the sovereignty and territorial integrity of Ukraine and the elimination of national statehood of Ukraine. Key words: war, armed conflict, genocide, dignity, humanism, morality, respect, human rights, civilian population

The United Declaration of Human Rights (UDHR) proclaims that “all human beings are born free and equal in dignity and rights, are endowed with reason and conscience and should act towards one another in a spirit of brotherhood (Article 1),” and are “entitled to all the rights and freedoms outlined in (said) Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinions, national or social origin, property, birth or another status. (Article 2)” This formal declaration is supposed to be a simple institutionalization of a generally recognized realism – those human beings are born with inherent dignity, from which fundamental basic human rights flow and which provides reasonable justification for fostering justice and equality despite each person’s individuality. It is an affirmation that amidst personal and cultural divergences, human beings are called upon to respect each other primarily on account of their shared humanity, and not based on wealth, power, educational background, race, gender, and other social clusters – to treat each other fairly without discrimination. However, while the aforementioned international convention narrates a chronicle filled with beautiful social expectations, reality may be chanting a different narrative. Across different epochs, stories of horrifying violations of human rights have reverberated throughout the world. The infamous holocaust during the 2nd World War, the genocide of the Tutsis in Rwanda, and the martial law defilements during the Marcos regime in the Philippines are just some of the many horrific instances of human rights violations that have shocked humanity. One of the more prominent reasons for the occurrence of different human rights violations is deleterious discrimination – the arrogant sense of superiority that some assert over others, the conceited belief of being entitled with a guaranteed place atop the zenith of societal hierarchies at the detriment of those who do not share the same shade, nook or status. To address these discriminatory leanings of different cultures and States and provide international legal frameworks for ensuring that basic human rights are genuinely protected and promoted, the United Nations (U.N.) was created. To realize the objectives for its establishment, sundry international conventions have been crafted, negotiated, issued, and implemented. In the area of human rights protection, the primordial international convention is the UDHR. Two social groups that suffer from significant discrimination as to their capacity to properly enjoy and exercise basic human rights are refugees and stateless persons, which are governed by the 1951 United Nations Convention Relating to the Status of Refugees, and its 1967 Protocol, and the 1954 Convention Relating to Status of Stateless Persons, respectively. Because of their conditions and contextual situations, they are very vulnerable to being discriminated against and abused. This humanitarian crisis has been haunting the worldfor decades already and has also been knocking at the doorsteps of the Philippines in recent times, whose presence in the country has been rapid. Unfortunately, very few are aware of their existence, much less care about the predicaments and struggles of refugees and stateless persons worldwide and in the Philippines. 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General Assembly resolution 2106 (XX) https://www.ohchr.org/en/instrumentsmechanisms/instruments/international-convention-eliminationall-forms-racialUnited Nations Human Rights (1966). International covenant on civil and political rights (CCPR). General Assembly resolution no. 2200A (XXI). https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rightsUnited Nations Human Rights (1966). International covenant on economic, social and cultural rights (CESCR). General Assembly resolution no. 2200A (XXI). https://www.ohchr.org/en/instruments-mechanisms/ instruments /international-covenanteconomic-social-and-cultural-rightsUnited Nations Human Rights (1979). Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). UnitedNations General Assembly. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-allforms-discrimination-against-womenUnited Nations Human Rights (1984). 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<p>Conversion therapies have been classified as inhuman treatment or torture on several instances, including by the UN Special rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, and are explicitly prohibited by several professional bodies around the world such as the World Medical Association and the World Professional Association for Transgender Health. They have been defined as “any treatment, practice or sustained effort that aims to change, repress and, or eliminate a person’s sexual orientation, gender identity and, or gender expression” (Malta, 2016).</p><p>However, based on its functional definition, the concept of “conversion therapy” can be successfully used as a broader analytical framework to describe carceral practices that regulate gender identity and expression and, in particular, those implemented by sex-segregated detention facilities.</p><p>This paper argues that, coupled with often restrictive and sometimes impossible means for accessing legal gender recognition to change one’s identity documents, single-sex detention acts as a form of conversion therapy for trans and gender diverse people at least in two ways by coercing detainees into adopting gender expression modes that do not align with their gender identity. In that sense, it can be said that sex-segregated detention acts to change the gender identity or expression of gender diverse detainees and, therefore, can amount to inhuman treatment or torture.</p>

Migration is inherent in human history. It is what we name a change of habitual residence or tem- porary residence by natural persons. It can be permanent or temporary. Its purpose may be, inter alia, tourism, education, treatment, pilgrimage, or earning money. Of course, also in this case we encounter a number of definitions that define a narrower or broader concept of migration. These forms include emigration, immigration, re-emigration, refugeehood, evacuation, and repatriation. The issue of admitting foreigners to a territory is, as a rule, regulated by national law. The freedom of action of states is, however, to some extent limited by international agreements. International law pays particular attention to refugees. This matter is regulated, in particular, by the Geneva Convention relating to the Status of Refugees of 1951, amended by the New York Protocol of 1967. These issues are also tackled in the acts of international humanitarian law, including the Fourth Geneva Convention relative to the protection of civilian persons in time of war of 1949 and the First Additional Protocol of 1977 to the Geneva Conventions of 1949. Respective legal acts have been also adopted by the European Union and include Directive 2011/95/EU of the European Parlia- ment and of the Council on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted and Regulation (EU) No 604/2013 of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protec- tion lodged in one of the Member States by a third-country national or a stateless person. Migrant workers are another form of migrants, whose status is regulated by the conventions of the International Labour Organization and International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families of 1990. In Europe—within the scope of the Council of Europe—this issue is regulated by the European Convention on the Legal Status of Migrant Workers of 1977. Other acts of international law, including universal treaties such as International Covenant on Civil and Political Rights of 1966, UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984, and UN Convention on the Rights of the Child of 1989 refer partly to some aspects of the status of foreigners. Regional acts such as the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights also refer to these issues. The international community has established a number of institutions handling the status and rights of migrants as a whole and their individual types. These institutions include the UN High Commissioner for Refugees and the UN Special Rapporteur on the Human Rights of Migrants and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, which is a treaty body of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

International human rights law and international humanitarian law absolutely prohibit all forms of torture and cruel, inhuman, or degrading treatment (CIDT) at all times and against anyone, even the worst of criminals. International criminal law moreover provides for the individual criminal responsibility of perpetrators. Nevertheless, there remains a number of legal and practical challenges to overcome in order to ensure the effectiveness of this prohibition. The most visible challenge pertains to the implementation of the prohibition not only in domestic law but also in the concrete practice of law enforcement officials and other State agents. Other—less visible and insufficiently discussed—challenges concern laws and practices that may indirectly impact the effectiveness of the prohibition of torture and CIDT and whose acceptability under public international law is not crystal clear. For instance, is the prohibition of using evidence obtained through torture/CIDT (so-called exclusionary rule) absolute and applicable in all cases? How far does the international law obligation to prosecute and punish torture/CIDT perpetrators go? To what extent may individual perpetrators of torture/CIDT invoke mitigating circumstances or even justifications to avoid or diminish punishment for the commission of such acts in extreme circumstances? Does the passing of lenient sentences upon individual perpetrators of ill-treatment entail the responsibility of the State as a failure to punish? The present chapter will discuss these issues in light of contemporary international practice of various human rights bodies (treaty bodies and UN special procedures) and international/mixed criminal courts and tribunals.