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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