I.
RIGHTS VIOLATED BY THE PRACTICE OF
DISAPPEARANCE
The enforced disappearance of persons infringes upon a range of human
rights embodied in the Universal Declaration of Human Rights and set out
in both International Covenants on human rights as well as in other major
international human rights instruments.
The following civil or political rights may be infringed upon in the course
of a disappearance:
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The right to recognition as a person before the law;
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The right to liberty and security of the person;
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The right not to be subjected to torture and other cruel,
inhuman or degrading treatment or punishment;
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The right to life, when the disappeared person is killed;
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The right to an identity;
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The right to a fair trial and to judicial guarantees;
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The right to an effective remedy, including reparation and
compensation;
•
The right to know the truth regarding the circumstances of a
disappearance.
Disappearances can also involve serious breaches of international
instruments that are not conventions, such as the Standard Minimum
Rules for the Treatment of Prisoners, approved by the United Nations
Economic and Social Council in 1957, as well as the Code of Conduct for
Law Enforcement Officials and the Body of Principles for the Protection of
All Persons under Any Form of Detention or Imprisonment, adopted by
the General Assembly in 1979 and 1988, respectively.
Disappearances also generally violate various economic, social and cultural
rights. Furthermore, an enforced disappearance can also have a particularly
negative impact on the enjoyment of such rights by family members. The
absence of the family’s main breadwinner, particularly in less affluent
societies, frequently leaves the family in such dire straits that a number of
the rights enumerated in the International Covenant on Economic, Social
and Cultural Rights cannot be realized, such as:
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