A/HRC/30/20
obligations of States include the duty to protect against human rights abuse by third parties,
including private actors.4 States may breach their international human rights law obligations
where they fail to take appropriate steps to prevent, investigate, punish and redress private
actors’ abuse.5
5.
The obligation to prevent human rights violations is expressly formulated in some
treaties6 and has been addressed more broadly in human rights treaty bodies’ General
Comments7 and reports, notably in relation to: the prevention of torture,8 genocide,9 mass
atrocities,10 incitement to hatred,11 violent extremism,12 and the elimination of
discrimination on particular grounds (such as race,13 religion or belief14 or sexual
orientation (A/HRC/29/23)) or with regard to a particular group (such as women,15 persons
with disabilities16 and minorities (A/HRC/28/30, paras. 13–14); A/69/66). The consideration
of prevention of violation of these specific rights highlights some common features and
approaches to prevention, including the identification of risk and mitigating factors, and the
development of some practical tools.
6.
For example, the prevention of genocide, war crimes, ethnic cleansing and crimes
against humanity requires “sustained efforts to build the resilience of societies to atrocity
crimes by ensuring that the rule of law is respected and that all human rights are protected,
without discrimination; by establishing legitimate and accountable national institutions; by
eliminating corruption; by managing diversity constructively; and by supporting a strong
and diverse civil society and a pluralistic media”.17 Further, the Protocol for the Prevention
4
5
6
7
8
9
10
11
12
13
14
15
16
17
4
See Human Rights Committee General Comment 31, para. 8 and Communication No. 195/1985,
Delgado Paez v. Colombia, Views adopted on 12 July 1990; Convention on the Elimination of All
Forms of Discrimination against Women General Recommendations 19 and 28. The European Court
of Human Rights has established that claims may arise against the State when the police fail to protect
individuals from violations of their rights by other individuals (Osman v. United Kingdom (Appl.
No. 87/1997/871/1083), judgment of 28 October 1998.
Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect,
Respect and Remedy” Framework (annex of A/HRC/17/31), endorsed by Human Rights Council
resolution 17/4.
For example, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment (art. 2); Convention on the Prevention and Punishment of the Crime of Genocide (art. 1).
Most recently, Joint Convention on the Elimination of All Forms of Discrimination against Women
General Recommendation No. 31/ Convention on the Rights of the Child General Comment No. 18
on harmful practices (CEDAW/C/GC/31-CRC/C/GC/18).
E.g. Subcommittee on Prevention of Torture under the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT/OP/12/6);
A/HRC/18/24, para. 8.
E.g. by the Office of the United Nations Special Adviser on the Prevention of Genocide and of the
Special Adviser on the Responsibility to Protect. E/CN.4/2000/12, paras. 3–10; A/HRC/10/25.
Framework of Analysis for Atrocity Crimes: A tool for prevention (United Nations, 2014); A/64/864.
Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence (A/HRC/22/17/Add.4), appendix.
The Secretary-General announced the drafting of a United Nations Plan of Action to Prevent Violent
Extremism in February 2015.
Committee on the Elimination of Racial Discrimination. See Developing National Action Plans
Against Racial Discrimination: A Practical Guide (United Nations, 2014).
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion
or Belief.
See the broad range of actions required of States in art. 2, Convention on the Elimination of All
Forms of Discrimination against Women.
Arts. 12 and 16, Convention on the Rights of Persons with Disabilities.
Framework of Analysis (footnote 10 above), p. 3.
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