A/HRC/34/54/Add.3
degrading treatment or punishment, Serbia has violated its obligations under articles 1,
2, 3, and 16 of the Convention against Torture (CAT).
417. The Special Rapporteur would like to draw the Government’s attention to his 2015
thematic report addressing the extraterritorial application of the prohibition of torture,
which states that “the obligation to respect the human rights of all persons applies
whenever States affect the rights of individuals abroad through their acts or omission”
and that “the obligation to take measures to prevent acts of torture or other ill-treatment
includes actions that a State takes in its own jurisdiction to prevent such acts in another
jurisdiction.” (A/70/303, para. 14, 38)
418. The Special Rapporteur strongly urges the Government of the Republic of Serbia to
explicitly reject the Joint Statement and the principles and policies it espouses, as well
as to take measures to ensure that its procedures and involvement at Macedonia’s
southern border is brought fully in line with its non-refoulement obligations under
international law.
Sierra Leone
JAL 21/12/2015 Case No. SLE 3/2015 State Reply: None to date Allegation
concerning a governmental policy subjecting young women to degrading physical
searches and forced pregnancy testing in order to attend school and sit for exams.
419. The Special Rapporteur regrets that the Government of the Republic of Sierra
Leone has not replied to the present communication, thereby failing to cooperate with
the mandate issued by the Human Rights Council in its resolution 25/13.
420. In the absence of information to the contrary, the Special Rapporteur concludes that
there is substance to the allegations presented in the initial communication, available via
the link above, and is therefore of the view that the Government of the Republic of
Sierra Leone, by implementing a policy of degrading physical searches of girls, forced
pregnancy testing, and expulsion from school of pregnant girls, leading to irreparable
harm on the girls’ physical, psychological health and well-being, has violated their right
to be free from cruel inhuman and degrading treatment, as codified in articles 2 and 16
of the Convention against Torture (CAT).
421. The Special Rapporteur would like to draw the GovernmententRapporteur
concludes that there is substance to the allegations presented in the initial crohibit
forced and coerced pregnancy tests and obtain full, free and informed consent for such
tests, and prohibit virginity testing under all circumstances,” recognizing that women
and girls “are often exposed to severe pain and suffering and coerced into or subjected
to unwanted, degrading and humiliating procedures and examinations. (A/HRC/31/57,
paras. 70, 46)
422. The Special Rapporteur strongly urges the Government of the Republic of Sierra
Leone to cease the implementation of any such policy since it may result in cruel,
inhuman or degrading treatment that causes substantial and irreparable harm to the
health and well-being of women and girls in conformity with its international legal
obligations under the CAT.
JOL 27/01/2016 Case No. SLE 1/2016 State Reply: None to date Allegations
concerning the persistence of a total ban on abortion and delays in adopting the
2015 Safe Abortion Bill that discriminate against women and girls in Sierra Leone.
77
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