A/HRC/21/42
D.
Prohibition of inhuman or degrading treatment
52.
Stigma can also be seen to relate to the prohibition of inhuman or degrading
treatment, as provided under, inter alia, the International Covenant on Civil and Political
Rights (art. 7), and the Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (art. 16). Inhuman or degrading treatment is interpreted as
extending beyond acts causing physical pain to include mental suffering. In the case of
degrading treatment, the aspect of humiliation plays a greater role even than the severity of
the suffering,32 showing close links to the ways in which stigmatization is experienced.
53.
Inhuman or degrading treatment can result from acts, but also from omissions, and
States bear responsibility for both.33 The Special Rapporteur has emphasized that ―because
evacuation of the bowels and bladder is a necessary biological function and because denial
of opportunities to do so in a lawful and dignified manner can both compromise human
dignity and cause suffering, such denial could, in some cases (for example, where it results
from deliberate actions or clear neglect) amount to cruel, inhumane or degrading treatment‖
(A/HRC/18/33/Add.4, para. 58). This may be of particular relevance to prisoners, homeless
persons, slum dwellers and others who are unable to access facilities as a result of the
stigma they face. The Human Rights Committee has found that the lack of adequate
sanitation in prisons can amount to inhuman treatment. 34
54.
States are also obliged to protect individuals from acts or omissions of third parties.
In that regard, the Human Rights Committee explained that ―it is the duty of the State party
to afford everyone protection through legislative and other measures as may be necessary
against the acts prohibited by article 7 [of the International Covenant on Civil and Political
Rights], whether inflicted by people acting in their official capacity, outside their official
capacity or in a private capacity‖.35 This scope of the prohibition of inhuman or degrading
treatment has significant implications for the measures States need to take. They need to
address stigma that could result in situations amounting to degrading treatment due to the
lack of access to adequate sanitation facilities, for example, in private schools or care
institutions, or due to the deliberate denial of access to water or sanitation in that sphere. It
is not sufficient for States to simply prohibit such treatment and criminalize it;36 they need
comprehensive and positive measures to prevent and address it.
E.
Right to privacy
55.
According to article 17 of the International Covenant on Civil and Political Rights,
―no one shall be subjected to arbitrary or unlawful interference with his privacy, family,
home or correspondence, nor to unlawful attacks on his honour and reputation‖. It
guarantees the respect for the individual existence and autonomy of the human being. 37 The
right to privacy includes the right to be different. 38 Human rights law awards the same
32
33
34
35
36
37
38
14
Manfred Nowak, UN Covenant on Civil and Political Rights – CCPR Commentary, 2nd revised ed.
(Kehl am Rhein, Engel, 2005), p. 165 (para. 14).
Committee against Torture, general comment No. 2 (2008) on the implementation of article 2 by
States parties, para. 15.
See, for example, Human Rights Committee communication No. 619/1995, Deidrick v. Jamaica,
Views adopted on 9 April 1998, para. 9.3.
General comment No. 20 (1992) replacing general comment 7 concerning prohibition of torture and
cruel treatment or punishment, para. 2.
Ibid., para. 8.
Nowak, CCPR Commentary (note 32 above), p. 378.
Ibid., p. 379.
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