A/HRC/22/53
for violations of human rights. In this respect, the recent general comment No. 3
(2012) of the Committee against Torture on the right to a remedy and reparation
offers valuable guidance regarding proactive measures required to prevent forced
interventions. Notably, the Committee considers that the duty to provide remedy and
reparation extends to all acts of ill-treatment,125 so that it is immaterial for this
purpose whether abuses in health-care settings meet the criteria for torture per se.
This framework opens new possibilities for holistic social processes that foster
appreciation of the lived experiences of persons, including measures of satisfaction
and guarantees of non-repetition, and the repeal of inconsistent legal provisions.
B.
Recommendations
85.
The Special Rapporteur calls upon all States to:
(a)
Enforce the prohibition of torture in all health-care institutions, both
public and private, by, inter alia, declaring that abuses committed in the context of
health-care can amount to torture or cruel, inhuman or degrading treatment or
punishment; regulating health-care practices with a view to preventing mistreatment
under any pretext; and integrating the provisions of prevention of torture and illtreatment into health-care policies;
(b)
Promote accountability for torture and ill-treatment in health-care
settings by identifying laws, policies and practices that lead to abuse; and enable
national preventive mechanisms to systematically monitor, receive complaints and
initiate prosecutions;
(c)
Conduct prompt, impartial and thorough investigations into all
allegations of torture and ill-treatment in health-care settings; where the evidence
warrants it, prosecute and take action against perpetrators; and provide victims with
effective remedy and redress, including measures of reparation, satisfaction and
guarantees of non-repetition as well as restitution, compensation and rehabilitation;
(d)
Provide appropriate human rights education and information to healthcare personnel on the prohibition of torture and ill-treatment and the existence,
extent, severity and consequences of various situations amounting to torture and
cruel, inhuman or degrading treatment or punishment; and promote a culture of
respect for human integrity and dignity, respect for diversity and the elimination of
attitudes of pathologizaton and homophobia. Train doctors, judges, prosecutors and
police on the standards regarding free and informed consent;
(e)
Safeguard free and informed consent on an equal basis for all
individuals without any exception, through legal framework and judicial and
administrative mechanisms, including through policies and practices to protect
against abuses. Any legal provisions to the contrary, such as provisions allowing
confinement or compulsory treatment in mental health settings, including through
guardianship and other substituted decision-making, must be revised. Adopt policies
and protocols that uphold autonomy, self-determination and human dignity. Ensure
that information on health is fully available, acceptable, accessible and of good
quality; and that it is imparted and comprehended by means of supportive and
protective measures such as a wide range of community-based services and supports
(A/64/272, para. 93). Instances of treatment without informed consent should be
investigated; redress to victims of such treatment should be provided;
125
General comment No. 3, para. 1.
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