A/HRC/18/24
plans on prisons, programmes for the integration of minority societies, strategies and
programmes on child education, education policies, programmes for the prevention of
HIV/AIDS and sexually transmitted diseases, health policies and strategies for minorities
and disadvantaged groups, policies on equal opportunities for persons with disabilities,
gender equality, children’s rights, non-discrimination, sexual violence, migration and
others.
36.
During the workshop session on the prevention of torture the panel distinguished
between two forms of prevention:
(a)
Direct prevention, which aims to prevent torture from occurring by reducing
the risk factors that cause it;
(b)
Indirect prevention, which takes place when torture has already occurred but
aims to avoid its reoccurring through justice and reparation.
37.
It was recognized by most respondents to the questionnaire and by participants at the
workshop that education and awareness-raising are central to promoting the prevention of
violations. From the responses to the questionnaire, it appears that actors are focusing
predominately on indirect prevention and identifying mechanisms that seek to remedy
violations as opposed to preventing them outright. Thus there is a need to further develop,
and raise awareness of, the concept of prevention.
B.
Strategic action
38.
The participants noted that the responses from the questionnaire revealed the need
for strategic action on human rights protection. It was reported that many States had
enacted national action plans, in which the human rights-based approach was introduced to
guide them in addressing their country’s human rights needs, to raise awareness of human
rights issues among government officials, security authorities, civil society organizations
and the general public, to mobilize a broad spectrum of society in a cooperative
atmosphere, to propose realistic activities and achievable targets and to promote linkages
with other national programmes. However, despite this positive description, the participants
acknowledged that there are still shortcomings regarding implementation and follow-up, as
only half of the respondents had set up a formal structure within the existing government
institutions tasked with strategy implementation.
39.
Participants in the discussion on migration and trafficking indicated that the failure
to ensure a cooperative strategic approach to migration between the countries of origin and
the countries of reception resulted in gaps in protection for migrants.
40.
By the same token, it was also clear during the session on the prevention of torture
that one of the key elements of the success of the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment was that
it addresses the wide range of elements that can lead to situations of torture and illtreatment. By conducting a rigorous analysis of the legal and administrative frameworks,
procedural rights and guarantees of a fair trial, and by conducting visits to places of
detention, meeting with detainees and others, and gathering relevant information, the
Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment is able to get a clear understanding of the entire system and address both
one-off incidences as well as systematic weaknesses.
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