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Racial Discrimination, Women's Rights, Torture, and Children
International Human Rights
Articles | Racial Discrimination, Women's Rights, Torture, and Children |
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Regimes on racial discrimination, women's rights, torture, and the rights of the child have developed around similar treaty-reporting schemes. These treaties give added international prominence to the rights they address. The mandated periodic review of reports provides additional international scrutiny of state practices in these areas. And the treaties give greater range, precision, and force to the much more general formulations of the universal Declaration and the Covenants. For example, the torture convention states that "No exceptional circumstances whatsoever, whether a state of war or threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture". Orders from superiors are explicitly excluded as a defense. Special obligations are established for training law enforcement personnel and reviewing interrogation regulations and methods. To reduce incentives for torture, statements obtained through torture must be made inadmissible in all legal proceedings. The convention also requires that wherever the alleged torture occurred and whatever the nationality of the torturer or victim, parties must either prosecute alleged torturers or extradite them to a country that will. Single-issue treaties and committees are typically situated at the core of a more extensive international regime. For example, the work of the Committee on the Elimination of Discrimination Against Women (CEDAW) is supplemented by the UN Commission on the Status of Women, a permanent functional commission of ECOSOC. In the case of racial discrimination, the 1960 UNESCO Convention Against Discrimination in Education and ILO Convention No. 111 Concerning Discrimination in Respect of Employment and Occupation provide supporting norms and monitoring procedures. The torture regime includes an unusually varied array of supporting principles and institutions. The 1955 Geneva Standard Minimum Rules for the Treatment of Prisoners and the 1988 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provide supporting norms, as do regional torture conventions in Europe and the Americas. As noted earlier, the UN Commission on Human Rights has a special rapporteur on torture. The commission's Working Group on Arbitrary Detention addresses a problem often closely associated with torture. The UN Voluntary Fund for Torture Victims provides financial assistance for victims, support groups, and research on strategies to help torture victims and their families. In addition, there has been unusually close and fruitful cooperation among states, NGOs, and intergovernmental organizations on the issue of torture. For example, both the convention and the special rapporteur owe much to the intensive lobbying and public information activities of Amnesty International over more than a decade. In a very different vein, Copenhagen is the home of an international Rehabilitation and Research Center for Torture Victims, a location that reflects the leading role of Denmark in international action against torture. Similar centers operate in Canada, Norway, and other countries. In all the treaty-based committees, members, who are independent experts, prepare for the review of reports as they individually see fit. This often allows NGOs to have a significant, if indirect, input by providing information not included in a report. At the public session, members are free to raise any question they deem appropriate. In many instances, the result is careful scrutiny of certain areas of state practice. Other than the personality of the members, the principal difference between committees is the time available to review reports. Most striking is the restriction of the Committee on the Elimination of Discrimination Against Women to one two-week session per year, while the Committee on the Elimination of Racial Discrimination (CERD) meets for two threeweek sessions. Such a difference simply does not reflect differences in the nature of the groups' work or the pervasiveness of the problems they address. If anything, the amounts would be reversed if based on the number or severity of violations. The other major difference between the committees concerns their authority to investigate individual communications. CEDAW and the Committee on the Rights of the Child (CRC) have no such powers. CERD is technically authorized to consider individual communications, but only fourteen states have accepted this optional provision, which is effectively moribund. The Committee Against Torture (CAT), however, has been authorized by twenty-eight states to receive individual communications. Furthermore, a substantial majority of the parties to the convention permit CAT to investigate communications concerning situations where torture is systematically practiced. These powers, which are similar to the un commission's 1503 procedure, are unique for a treaty-based supervisory body. |
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