A/73/207 E. Discrimination 60. In practice, protection against torture and other ill -treatment is not guaranteed equally to everyone without discrimination. In particular, a substantial connection can be observed between social marginalization and other vulnerab ilities, on the one hand, and an increased exposure to risks of torture and ill-treatment, on the other. 1. “Suspect” individuals and communities 61. Particularly in the context of counter-terrorism, organized crime and internal armed conflict, but more recently also in the context of irregular migration, there has been a rise in rhetoric, according to which certain persons or groups, owing to the threat they are perceived to represent or the crimes they are suspected of having committed, cannot or should not be granted human rights protections that may pose an obstacle to the protection of public security and “law and order”. The identification of such “suspect” individuals or communities often occurs based on nothing more than varying combinations of criteria such as migration status, religion, gender, age, socioeconomic background and ethnic or racial factors, and entails a significant risk of discrimination and abuse, including torture and ill -treatment. 62. It is important to recall that protection from torture and ill-treatment is not a reward for personal conduct or a privilege tied to nationality, status or similar attribute, but is a right that is inherent in every person’s humanity and cannot be lost, diminished or lawfully interfered with under any circumstances whatsoever. Discriminatory policies of stigmatization, demonization and prejudice against particular communities or individuals tend to create “black holes” of legal protection and are almost invariably accompanied by increasing tolerance of and widespread impunity for torture and ill-treatment. 2. Marginalization and vulnerability 63. Increased risks of torture or ill-treatment can also arise in other circumstances of vulnerability, usually marked by factors such as power asymmetry, st ructural inequalities, ethnic divides and socioeconomic and sociocultural marginalization. The growing awareness of those issues has resulted in multiple national and international normative and policy initiatives, including in the framework of the 2030 Ag enda for Sustainable Development, but significant efforts remain necessary to remedy the negative consequences of discrimination and marginalization worldwide. (a) Vulnerability 64. Vulnerability to torture and other ill-treatment arises through a combination of factors, many of which may be inherent in the social, political and legal system. Conceptually, it can be understood as a degree of disempowerment relative to the prevailing environment and circumstances, entailing diminished independence and capacity for self-sustenance, self-protection or self-preservation and, conversely, an increased exposure to risks of injury, abuse or other harm. Vulnerabilities can be influenced, caused, exacerbated or alleviated by combinations of a wide variety of personal or environmental factors, such as age, gender, health, substance dependence, sexual orientation, migration status and socioeconomic, cultural or indigenous background (E/CN.4/1988/17, paras. 55–56; A/63/175, paras. 38–41; and A/HRC/31/57, paras. 9 and 57). Individuals or groups are particularly vulnerable to torture and ill-treatment in environments that are obstructive or oppressive for them and where legal, structural and socioeconomic conditions may create, perpetuate or exacerbate their marginalization. Therefore, States are under a heightened obligation to protect vulnerable persons from abuse and should interp ret the torture protection 18-12051 17/23

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