A/76/168 H. Torture and ill-treatment as a form of punishment 62. Legislation providing for corporal punishment or chastisement and/or tolerating domestic violence and sexual abuse, in particular against women and children, stigmatization and persecution based on sexual orientation, or any other discriminatory treatment or punishment places persons at a higher risk of torture and ill-treatment. Such practices are incompatible with a contemporary understanding of human dignity and, therefore, cannot be justified as “lawful sanctions” within the meaning of article 1 of the Convention against Torture. 55 63. Any form of discrimination, whether through stigmatization, demonization, marginalization, disregard or otherwise, almost invariably entails a significantly increased risk of torture or ill-treatment. Indeed, not only is the principle of nondiscrimination a general principle in the protection of human rights, but the intentional infliction of severe pain and suffering “for any reason based on discrimination of any kind” also constitutes a distinct form of torture. Any dehumanizing ideologies that mark certain persons or groups as inferior or unworthy of human rights protections must be rejected as incompatible with the absolute and non-derogable prohibition of torture and ill-treatment and with human dignity as enshrined in the Universal Declaration of Human Rights as a whole. 56 VI. Conclusions and recommendations Criminalization of torture and ill-treatment in law and practice 64. States should review their national legislation to ensure that torture is included as an offence, in accordance with the definition provided for in article 1 of the Convention against Torture, and indicate sanctions commensurate with the gravity of the crime. Legal provisions should be complemented and reinforced by the adoption of policies allowing zero tolerance for abusive practices and centred on the protection of human dignity. Such policies could be reflected in the elaboration of rules and procedures for law enforcement agencies to ensure the compliance of their operations with principles of human rights and impose disciplinary measures in cases of misconduct. Overcoming patterns of denial 65. Accountability for torture and ill-treatment can be realized only if States overcome their patterns of denial and obstruction of accountability processes and demonstrate the political will to hold themselves and others accountable for torture and ill-treatment in all circumstances in which such violation occ urs, including by lifting the culture of secrecy that often surrounds the operations in which torture and ill-treatment occur. As the mandate has previously observed, the prohibition of torture and ill-treatment and associated legal duties must be interpreted and implemented in good faith and in line with the object and purpose of protecting the inherent dignity of every human being. Accordingly, any governance and judicial systems based on intimidation, discrimination, violence and coercion must be reforme d, and independent and impartial monitoring and accountability rigorously implemented to ensure compliance with the absolute and non-derogable prohibition of torture and illtreatment. 57 __________________ 55 56 57 20/23 A/73/207, para. 44. Ibid., para. 74. A/HRC/46/26, para. 73. 21-09914