2.2
Rehabilitation and state obligations
Article 14 of the UN CAT states:
“1. Each State Party shall ensure in its legal system that the victim of an act of torture
obtains redress and has an enforceable right to fair and adequate compensation,
including the means for as full rehabilitation as possible. In the event of the death of the
victim as a result of an act of torture, his dependants shall be entitled to compensation.”
“2. Nothing in this article shall affect any right of the victim or other persons to
compensation which may exist under national law.”
For many years there was no attention paid specifically to the meaning of the right to
rehabilitation aspect of Article 14. Finally, in 2012, the Committee against Torture issued
General Comment No. 3 on the implementation of Article 14 of the Convention against
Torture. Some of the paragraphs directly relevant to torture rehabilitation service
providers are presented below, though it is advisable to read the General Comment in its
entirety. This is a very important development in relation to how we understand what
the right to rehabilitation includes and will be the backbone of the claims we make of
States in relation to ensuring that resources are dedicated to the rehabilitation of
survivors.
“1. This general comment explains and clarifies to States parties the content and scope
of the obligations under article 14 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. Each State party is required to
“ensure in its legal system that the victim of an act of torture obtains redress and has
an enforceable right to fair and adequate compensation, including the means for as
full rehabilitation as possible.” The Committee considers that article 14 is applicable
to all victims of torture and acts of cruel, inhuman or degrading treatment or
punishment (hereafter “ill-treatment”) without discrimination of any kind, in line with
the Committee’s General Comment No. 2.”
“2. The Committee considers that the term ‘redress’ in article 14 encompasses the
concepts of ‘effective remedy’ and ‘reparation’. The comprehensive reparative concept
therefore entails restitution, compensation, rehabilitation, satisfaction and
guarantees of non-repetition and refers to the full scope of measures required to
redress violations under the Convention.”
“11.
The Committee affirms that the provision of means for as full
rehabilitation as possible for anyone who has suffered harm as a result of a
violation of the Convention should be holistic and include medical and
psychological care as well as legal and social services. Rehabilitation, for the
purposes of this general comment, refers to the restoration of function or the
acquisition of new skills required as a result of the changed circumstances of a victim
in the aftermath of torture or ill-treatment. It seeks to enable the maximum possible
self-sufficiency and function for the individual concerned, and may involve adjustments
to the person’s physical and social environment. Rehabilitation for victims should aim
to restore, as far as possible, their independence, physical, mental, social and
vocational ability; and full inclusion and participation in society.”
7