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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