A/HRC/30/20 of victims and societies to know the truth about violations, and the right of victims to an effective remedy,25 in accordance with international law. 26 Indeed, “effective domestic mechanisms of oversight, including complaints mechanisms, form an essential part of the apparatus of prevention. These mechanisms will take a variety of forms and operate at many levels” (CAT/OP/12/6, para. 5(g)). III. Prevention in practice 11. This section will consider the practical implementation of prevention of violations, namely the importance of establishing a legislative and institutional framework for prevention; the crucial role of human rights education; and how planning and monitoring tools can contribute to prevention, in particular in the development of policies. A. Legislative and institutional framework for prevention 12. The creation of a preventive legislative and institutional framework requires a coherent and complementary range of actions, underpinned by an inclusive and participatory approach which includes women and others who face discrimination. As a first step, prevention includes ratifying human rights treaties 27 and adopting laws and policies that guarantee human rights in law and practice. For example, this can include introducing a positive duty on public bodies to have due regard to human rights and equality in their work and conduct their business in a manner that is consistent with human rights.28 13. Regular and systematic review of existing and proposed legislation for compliance with a State’s human rights obligations is an important safeguard. 29 Such review may be done through a judicial, parliamentary or internal State process. National human rights institutions30 may be specifically mandated to complement such a review and to provide 25 26 27 28 29 30 6 identifying root causes) and engendering institutional reform in relation to State structures and institutions that facilitated or promoted such violations. Guidance Note of the Secretary-General; United Nations Approach to Transitional Justice (United Nations, 2010); Transitional Justice and Economic, Social and Cultural Rights (United Nations, 2014). The Human Rights Committee has taken the view that the right to an effective remedy may in certain circumstances require State parties to provide for and implement provisional or interim measures to avoid continuing violations and to endeavour to repair at the earliest possible opportunity any harm that may have been caused by such violations (General Comment No. 31, para. 19). Art. 2, International Covenant on Civil and Political Rights; art. 2, Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; art. 23, Committee on Enforced Disappearances; LaGrand Case (Germany v. United States), Judgment, I.C.J. Reports 2001; E/CN.4/2005/102/Add.1, principle 35. Response by Madagascar. Response by Ireland. E.g. Recommendation Rec(2004)5 of the Committee of Ministers of the Council of Europe to Member States on the verification of the compatibility of draft laws, existing laws and administrative practice with the standards laid down in the European Convention on Human Rights. See related discussion below about impact assessments of proposed laws and policies. Response by the Republic of Moldova; Response by Hungary. The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment specifies that the “State should inform the [National Preventive Mechanism] of any draft legislation that may be under consideration which is relevant to its mandate and allow the NPM to make proposals or observations on any existing or draft policy or legislation. The State should take into consideration any proposals or observations on such legislation received from the NPM.” (CAT/OP/12/5, para. 28).

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