A/HRC/45/CRP.11
investigations for the purposes of ensuring accountability for crimes and other violations, in
line with international law standards. Access will only be granted to the extent that witnesses
or other sources of information have given their informed consent and protection concerns
are addressed.
19.
In all of its work, the Mission abided strictly by its obligation to “do no harm”. The
Mission also took into account ethical and protection considerations, including measures for
protecting privacy and personal data as well as measures for minimizing any risk of harm to
victims, sources, organizations and third parties that could occur from the use of the
information. In order to help ensure the safety and security of witnesses and victims,
including from reprisals for cooperation with the mission, a risk-assessment was carried out
at various points to evaluate potential threats.
20.
The Mission ensured it had the informed consent from each person it interviewed
before using any information provided. For reasons of witness protection, some individual
names have not been included in the present report or are reflected using a code system
developed by the Mission. These names are retained on a strictly confidential basis by
OHCHR.
21.
In line with best practices of integration of a gender perspective, throughout its
investigation, the Mission devoted specific attention to gendered issues and impacts of
violations and strove to implement a gender approach, using gender-sensitive methodologies
and tools for collecting, organizing, analyzing and reflecting information in the present
report.
B.
Legal Framework
22.
The facts documented by the Mission were assessed in light of international human
rights law and international criminal law, as applicable in Venezuela. The Mission also
considered the human rights guarantees under Venezuelan domestic law, as well as aspects
of national legislation and organic laws of Venezuelan security forces, where appropriate.
International Human Rights Law
23.
Venezuela is bound by the United Nations Charter and has committed to respect
internationally recognized human rights. Venezuela’s international human rights obligations
are provided by treaties ratified by Venezuela. Guidance on the content and scope of these
obligations can also be drawn by reference to various instruments of soft law.
24.
As of August 2020, Venezuela is a party to all core United Nations human rights
treaties3, except the Convention on Enforced Disappearances (ICED) and the Optional
3
International Convention on the Elimination of All Forms of Racial Discrimination, 10 October 1967;
International Covenant on Economic, Social and Cultural Rights, 10 May 1978; International
Covenant on Civil and Political Rights, 10 May 1978; Convention on the Elimination of All Forms of
Discrimination against Women, 2 May 1983; Convention on the Rights of the Child, 13 September
1990; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
29 July 1991; International Convention on the Protection of the Rights of all Migrant Workers and
Members of their Families, 25 October 2016; Convention on the Rights of Persons with Disabilities,
24 September 2013. Venezuela is also a party to: First Optional Protocol to the International
Covenant on Civil and Political Rights, which establishes an individual complaints mechanism, 10
May 1978; Second Optional Protocol to the International Covenant on Civil and Political Rights,
aiming to abolish the death penalty, 22 February 1993; Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination against Women concerning individual complaints and
inquiry procedures, 13 May 2002; Optional Protocol to the International Covenant on Economic,
Social and Cultural Rights, concerning individual complaints and inquiry procedures, 10 October
2018; Optional Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography, 8 May 2002; Optional Protocol to the Convention on the Rights
of the Child on the involvement of children in armed conflict, 23 September 2003; Optional Protocol
to the Convention on the Rights of Persons with Disabilities, 24 September 2013. It is not a party to
the Optional Protocol to the Convention on the Rights of the Child on a communications procedure.
5
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