A/HRC/30/20
V. Conclusions and recommendations
48.
Prevention of human rights violations is primarily the responsibility of the
State. It requires a proactive, continuing and systemic process of addressing risk
factors and causes of human rights violations through a range of measures, including
law, policy and practice, to ensure respect for and protection of all human rights for
all those within the State’s territory or jurisdiction. International and regional
organizations contribute to the prevention of human rights violations through their
respective mandates by supporting States to fulfil their human rights obligations.
49.
A framework for the prevention of human rights violations requires the
ratification of human rights treaties and their implementation at the domestic level;
regular and independent review of existing and proposed laws and policies for
compliance with those provisions; and ensuring effective remedies for human rights
violations that provide redress for the victim and institutional change to prevent
recurrence. This in turn requires the establishment of independent institutions,
including NHRIs and an accessible and effective legal system.
50.
A culture of human rights compliance should be developed through effective,
independent, transparent monitoring and inspection, which engages critically and
constructively with all stakeholders, including rights holders, in particular women and
members of the most vulnerable and marginalized groups.
51.
Effective human rights education, which develops knowledge, skills and
attitudes prompting action for human rights and uses sound methodologies, is
essential and complementary to other preventive measures.
52.
States must protect against human rights abuse by private actors and may
breach their international human rights law obligations where they fail to take
appropriate steps to prevent, investigate, punish and redress private actors’ abuse.
States should consider the full range of permissible preventative and remedial
measures, including policies legislation, regulations and adjudication. Concomitantly,
private actors should also respect the human rights of others, and business enterprises
should comply with their responsibility to respect human rights. This requires taking
adequate measures for the prevention, mitigation and, where appropriate,
remediation of adverse human rights impacts.
53.
The State should provide an enabling environment for NHRIs and civil society
to perform their functions, which will further contribute to its primary responsibility
to prevent human rights violations. NHRIs and civil society provide independent
expertise, assistance to victims, information to the public and specific groups about
their rights and how to access them, and undertake other functions such as visiting
places where persons are deprived of liberty.
54.
Planning and monitoring tools, including human rights impact assessments, can
assist States to promote and protect human rights, and prevent violations thereof
through human rights indicators, collection and analysis of statistics, taking into
account the OHCHR framework (HR/PUB/12/5).
African Republic in 2013-14, the HRUF approach created a renewed sense of responsibility among
United Nations senior leadership of the need to address the crisis from a human rights protection
perspective.
17
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