A/HRC/28/30
prosecution and sanctions, aimed at convincing potential torturers that the “costs” are
greater than the possible “benefits”. He underscored the fact that these approaches were
applicable across the spectrum of the prevention of human rights violations. He also
outlined the tangible aspects of direct prevention, such as assessing root causes rather than
focusing on symptoms, identifying and addressing risk factors at different levels, in terms
of situations (for example, cases of deprivation of liberty) and persons at risk and their
vulnerabilities, environmental factors, gaps in protection, and the institutional culture that
created incentives and/or failure to deter. Lastly, prevention required a holistic,
multidisciplinary approach, involving multiple actors on many fronts. It also required
constructive ongoing dialogue with authorities on ways and means to address risk factors.
23.
The moderator asked the panellist to elaborate on strategies that were effective in the
prevention of torture, how they could be applied in other areas and the role that civil society
could play in this process. The panellist underscored the importance of using holistic
strategies that included four complementary elements: a strong legal and policy framework
that prohibited and prevented torture (ratification of core human rights treaties, legislation,
but also regulations); implementation of the said legal framework through prosecution and
sentencing, as well as training, capacity-building and procedural safeguards, such as
registers in places of detention and video recordings of interrogations; independent
oversight, including regular monitoring of places of detention by independent bodies, in
particular by national preventive mechanisms under the Optional Protocol to the
Convention against Torture; and communication and contributions to public debates, given
the need for strong public opposition to torture. With regard to the third element, the
panellist pointed out that, where national preventive mechanisms were compliant with the
Optional Protocol, had a strong legal basis and adequate human and financial resources, and
fully implemented their preventive mandate, they could contribute effectively to reducing
the risk of torture in places of detention. When independent members of civil society had
full access to all areas, they could provide officials with informed recommendations based
on their analysis. Again, all of these strategies could be applied across the spectrum of the
prevention of human rights violations.
24.
After stating how the work of the Committee on Economic, Social and Cultural
Rights had been instrumental in clarifying the duty to prevent violations of economic,
social and cultural rights, the moderator invited the Vice-Chairperson of the Committee,
Renato Zerbini Ribeiro Leão, to share the Committee’s observations in this regard. He
explained that the prevention work of the Committee was carried out at all stages, including
during the preparation of lists of issues, concluding observations, general comments and
letters. In the lists of issues addressed by the Committee, States are requested to provide
information on measures taken to prevent violations, such as ensuring access to education,
the work of civil society and access to economic, social and cultural rights in general. The
Committee requested States to make reference to specific actions pursuant to the
International Covenant on Social, Cultural and Economic Rights. Concluding observations
included specific recommendations for States to take preventing measures in accordance
with the Covenant and in the light of the general comments issued by the
Committee. Lastly, the Committee could also address letters to States parties on ways in
which they should comply with the Covenant, for example by incorporating the Covenant
into domestic laws and raising awareness of its provisions. For example, in a letter dated 16
May 2012, the Committee expressed its concern surrounding austerity measures taken by
States parties and increasing inequality. It emphasized that States should at all times avoid
making decisions that result in the denial or infringement of rights. The panellist also
highlighted the Committee’s wish that the provisions of the Covenant be incorporated into
State legislation, that States harmonize their legislation with the Covenant, promote the
Covenant and use it in legal proceedings. He reminded States that ratifying the Optional
Protocol to the Covenant was also an important preventive action.
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