Violations
Type of Violations
Denial of Health
The right of everyone to the enjoyment of the highest attainable standard of physical and mental health is an inclusive right extending not only to timely and appropriate health care but also to the underlying determinants of health, such as access to safe water and adequate sanitation, an adequate supply of safe food, nutrition and housing, healthy occupational and environmental conditions, and access to health-related education and information, including on sexual and reproductive health.
Denial of Freedom of Expression
Freedom of expression refers to: [1] freedom to impart information and ideas of all kinds, and [2] to seek and receive them regardless of frontiers and in whatever medium, either orally, in writing or in print, in the form of art, or through any other media of his choice. The exercise of the rights carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary for the protection of national security or of public order, or of public health or morals.
Denial of the Right to Freedom of Conscience, Thought and Religion
Freedom to "have or to adopt" a religion or belief necessarily entails the freedom to choose a religion or belief, including the right to replace one's current religion or belief with another or to adopt atheistic views, as well as the right to retain one's religion or belief. The freedom to "manifest" a religion or belief in worship, observance, practice and teaching encompasses a broad range of acts. The concept of worship extends to ritual and ceremonial acts giving direct expression to belief, as well as various practices integral to such acts, including the building of places of worship, the use of ritual formulae and objects, the display of symbols, and the observance of holidays and days of rest.
Torture & Cruel, Inhuman, and Degrading Treatment and Punishment (CID)
Torture means any act by which [1] severe pain or suffering, whether physical or mental, is intentionally inflicted on a person [2] for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or [3] with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. Cruel, inhuman or degrading treatment not amounting to torture under legal sanctions to discipline detained persons through methods that are physical or mental, including the holding of a detained or imprisoned person in conditions which deprive them, temporarily or permanently, of the use of any of their natural senses, such as sight or hearing, or of their awareness of place and the passing of time.
Arbitrary Deprivation of Liberty
Arbitrary deprivation of liberty refers to cases when it is clearly impossible to invoke any legal basis justifying the deprivation of liberty; when the deprivation of liberty results from the exercise of the rights or freedoms guaranteed by articles of the Universal Declaration of Human Rights and, insofar as States parties are concerned, by of the International Covenant on Civil and Political Rights; when the total or partial non-observance of international norms relating to the right to a fair trial, established in the Universal Declaration of Human Rights and in the relevant international instruments accepted by the State concerned, is of such gravity as to give the deprivation of liberty an arbitrary character; and when the deprivation of liberty constitutes a violation of international law for reasons of discrimination based on birth; national, ethnic or social origin; language; religion; economic condition; political or other opinion; gender; sexual orientation; or disability or other status, and which aims towards or can result in ignoring the equality of human rights.
Forced Labour
The prohibition of forced labour is an established norm of customary international law and is reflected in a series of international instruments, including the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights. Forced labour is most clearly defined in the Forced Labour Convention as “all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily.” An exception may be exercised for prison labour, but only under certain conditions, namely: “any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations.” Compulsory labour performed by detainees is excluded from the scope of the Forced Labour Convention only if a certain number of conditions are met. Most significantly for the case of forced labour in penal facilities, work can only be exacted from a detainee “as a consequence of a conviction in a court of law.” Detainees who have been subjected to arbitrary deprivation of liberty, who are awaiting trial, who have not been sentenced, or who have been sentenced without trial cannot be forced to perform labour.
Sexual and Gender-based Violence
The term sexual and gender-based violence refers to acts that violate a person’s reproductive rights or harmful acts that are sexual in nature. An act can be “sexual” even without physical contact, such as threats of sexual violence. An act may be sexual regardless of whether sexual gratification was part of the intent or result. Finally, sexual violence can be committed by and against any person regardless of sex or gender; it may also involve persons of the same sex. There is no single understanding of the term “sexual” and depends on factors such as age, gender, sex characteristics, culture, ethnicity, and religion among others.
Denial of the Right to a Fair Trial
A right to a hearing which is fair; public; heard by an independent and impartial court or tribunal; and is heard within a reasonable time.
Denial of the Right to Life
Arbitrary or unlawful deprivation of life and/or unnatural death that occurs mainly as a result of torture or other cruel, inhuman or degrading treatment, as well as of neglect, use of force and life-threatening conditions of detention through state action without the sanction of any judicial proceeding or legal process.
Denial of the Rights of Juvenile Detainees
The United Nations Rules for the Protection of Juveniles Deprived of their Liberty defines a juvenile as every person under the age of 18. Under international law, juveniles may only be deprived of their liberty in accordance with Article 10 (3) and Article 37 of the United Nations Convention on the Rights of the Child, alongside principles and norms set forth in the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Havana Rules); the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules); ICCPR General Comment 21 (13); ICCPR General Comment 35 (62); United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems (22, 46); United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines); United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems (22, 46); and the United Nations Standard Minimum Rules for the Treatment of Prisoners.
Denial of the Rights of Detainees with Disabilities
Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. Disability, in a modern terminology, is the interplay between 'personal factors', such as intellectual or physical impairments, and the environment, such as a lack of or abundance of social services.