CAT/C/48/3
3.
The right to development and the prevention of torture
59.
The United Nations Declaration on the Right to Development, adopted by the
General Assembly 25 years ago on 4 December 1986, provides that the right to
development:5
[i]s an inalienable human right by virtue of which every human person and all
peoples are entitled to participate in, contribute to, and enjoy economic, social,
cultural and political development, in which all human rights and fundamental
freedoms can be fully realized.
60.
This year marks the 25th anniversary of the right to development. The right is
recognized in a number of international instruments, including the United Nations Charter,
the Universal Declaration on Human Rights, the International Covenant on Civil and
Political Rights, and the International Covenant on Economic, Social and Cultural Rights. It
is necessarily wide in scope and includes the promotion and protection of fundamental
rights and freedoms.
61.
In its preamble, the Declaration is mindful of the Charter purpose and principles that
―promot[e] and encourag[e] respect for human rights … without distinction …‖. 6. It is
axiomatic that respect for human rights cannot be promoted or encouraged in a situation
where torture or other ill-treatment of persons deprived of their liberty is practised or
condoned.
62.
The work of the Subcommittee in the prevention of torture forms part of an
integrated and balanced interpretation of the right to development. It also plays a pivotal
role in helping to raise awareness. It is well established that development is not confined
―to purely economic aspirations or goals but articulates a broad, comprehensive
understanding … at national and international levels.‖7 Democracy, development and
human rights are therefore interdependent and mutually reinforcing. The Subcommittee
actively engages with the multi-faceted nature of development and human rights in its
preventive work with States parties and their NPMs under the Optional Protocol. In
fulfilling its mandate, the Subcommittee is guided by the United Nations Charter and its
principles, the norms of the United Nations concerning persons deprived of their liberty,
and the principles laid out in the Optional Protocol. It not only works effectively with State
authorities but also undertakes research on a range of significant detention issues.
63.
The efforts of NPMs and the Subcommittee, through the established national and
international system of regular visits by both to places of detention, are effectively
contributing to the goals of prevention and development through capacity-building, training
and education, as well as legislative, administrative, judicial and other measures. Together
they support durable systems based on transparency, accountability and the rule of law.
V. Substantive issues
64.
In this chapter the Subcommittee wishes to set out its current thinking on a number
of issues of significance to its mandate.
5
6
7
United Nations Declaration on the Right to Development (A/Res/41/128), art. 1.
Ibid., preambular para. 1.
Joint Statement of Chairpersons of the UN Treaty Bodies, 1 July 2011.
15
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