A/HRC/28/30
International Criminal Court. One delegation called upon all States that had not yet acceded
to the Rome Statute to do so. Another argued that there was a need to build a framework
where human rights violations were transparently exposed and sanctioned without
exception. According to one observer, consequences for violations were the only way to
ensure that they did not take place in the first place.
49.
The delegations and panellists also highlighted other conditions necessary for the
effective prevention of human rights violations, such as tackling risk factors, including
inequality, poverty, marginalization, lack of awareness and education, and assuring good
governance, a democratic system and the rule of law, including a legal system of equal and
fair access to justice for all. Some delegations argued that preventive action should
concentrate on eradicating poverty, formulating inclusive policies and strengthening
education, in quantity as much as in quality.
50.
Mr. Zerbini Ribeiro Leão stressed the fact that the Committee on Economic, Social
and Cultural Rights had recognized that a robust legislative framework was indispensable
for the preventive action involved in combating discrimination. He argued that measures
should be taken to strengthen prevention by protecting social, cultural and economic rights.
Mr. Mezmur stressed that unless laws were participatory, took public opinion into account
or there were resources for their implementation, they would not be effective.
V. Conclusions
51.
Participants in the panel discussion agreed that, while there were mechanisms
and tools for prevention at the national and international levels, their implementation
was patchy and needed to be improved. They acknowledged that the discussions held
by the Human Rights Council, the sessions of the universal periodic review, the work
of the special procedures and the treaty bodies and the technical assistance provided
by OHCHR all advanced the prevention objective. There was general support for the
idea to further develop the concept of prevention through evidence-based research.
52.
Participants stressed that the promotion and protection of human rights and,
by extension, the prevention of human rights violations were the primarily
responsibilities of States, while other actors too played an important role in
prevention efforts. They acknowledged the important role of civil society, national
human rights institutions, researchers and the media in preventing human rights
violations by monitoring, advocacy, human rights education and awareness-raising.
International and regional systems had an important role in assisting States with
domestic implementation. United Nations human rights mechanisms and bodies were
essential in helping States to prevent violations. The prevention of human rights
violations was at the heart of the United Nations system, and early warnings were
critical to successful prevention efforts. Human rights education was also a key factor
in prevention.
53.
The importance of accountability and action to combat impunity and to
implement the rule of law and thus prevent violations, including the importance of
criminalization and prosecution and the preventive role of the International Criminal
Court, was acknowledged. The other conditions necessary for the effective prevention
of human rights violations highlighted by participants included tackling risk factors,
including inequality, poverty, marginalization, lack of awareness and education, and
providing good governance, a democratic system and the rule of law.
15
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