A/73/207
form of physical and sexual violence or systemic neglect, remains rampant against
persons with physical, psychosocial or intellectual disabilities in a wide variety of
contexts and is often combined with the denial of accessible channels of complaint or
communication. Disability can intersect with other vulnerabilities that exacerbate the
risk of abuse and disempowerment, such as migration status, socioeconomic
background or childhood (A/55/290, para. 12, and A/HRC/28/68, para. 53).
(j)
Irregular migrants
73. Throughout the world, migrants in irregular situations face State policies and
practices that directly subject them to torture or ill-treatment or expose them to a
heightened risk of such abuse. In addition, irregular migrants often face a wide range
of intersecting vulnerabilities, stemming from trauma, personal characteristics,
societal factors including racism and xenophobia, as well as from the circumstances
in which State policies place them by focusing on deterrence, criminalization and
discrimination rather than protection, human rights and non-discrimination
(A/HRC/37/50).
3.
Non-discrimination as a precondition for the eradication of torture
74. While it is impossible to provide an exhaustive list of groups or persons i n
situations of vulnerability, the examples outlined above illustrate that any form of
discrimination, whether through stigmatization, demonization, marginalization,
disregard or otherwise, almost invariably entails a significantly increased risk of
torture and related ill-treatment. As this mandate has previously stated,
“discrimination… may often contribute to the process of the dehumanization of the
victim, which is often a necessary condition for torture and ill-treatment to take place”
(A/56/156, para. 19). Indeed, not only is the principle of non-discrimination 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. 19 Resisting dehumanizing ideologies that mark
certain persons or groups as inferior or unworthy of human rights protections is an
indispensable precondition for the prohibition of torture and il l-treatment but also for
the fulfilment of the promises enshrined in the Universal Declaration of Human
Rights as a whole.
IV. Conclusions
75. Since the adoption of the Universal Declaration of Human Rights,
unprecedented efforts have been made by States, international organizations,
civil society and private citizens to eradicate torture and other ill-treatment
throughout the world. In particular, the universal recognition of the absolute,
non-derogable and peremptory character of the prohibition of torture and other
cruel, inhuman or degrading treatment or punishment, and the sophisticated
international normative and institutional framework developed to make it a
practical reality constitute one of the most significant achievements in human
history towards securing respect for the dignity of all human beings without
exception or discrimination of any kind and regardless of questions of
jurisdiction, territory and nationality.
76. Despite this extraordinary achievement, torture and ill-treatment continue
to be practised with impunity throughout the world. While the reasons for this
sobering reality are many and multilayered, the Special Rapporteur, to the best
__________________
19
20/23
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(art. 1) and Committee against Torture, general comment No. 2 (para. 20).
18-12051
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