Search results for Complaints mechanism

Related keyword Justice and Accountability

Related words complaints reporting procedures

International Humanitarian Law

III.11 States must ensure victims/survivors of CRSV who have been deprived of their liberty (including POWs) have access to reporting procedures

Persons deprived of their liberty must have the right to complain about the conditions they are being detained in to the authorities in whose power they are. Complaints must be transmitted immediately and, if unfounded, should not result in punishment.

States should be mindful that persons deprived of their liberty often find themselves in 'conditions so distressing that they may commit errors of judgment', which may result in discrepancies in their complaints. This is particularly true in cases of sexual violence. Many victims/survivors do not wish to report sexual violence to the authorities, as those that do run the risk of:

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

...must assure to everyone within their jurisdiction ‘effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination’. In particular, States should: Establish a comprehensive, effective and independent complaints mechanism for racial discrimination;78 Ensure that racist hate crime is properly recorded, ‘including by providing clear guidelines on the recording of the crime’;79 Independently, promptly and thoroughly investigate reports of rape and sexual violence, and prosecute and appropriately......victims/survivors of racial discrimination have a right ‘to equal treatment before the tribunals and all other organs administering justice’. Yet, the existence of some laws, practices and measures prevents that from happening. Obstacles to justice that States should review and, if necessary, repeal include: General amnesty for perpetrators of serious human rights violations committed during conflicts;90 Laws that make it difficult for foreign women suffering domestic violence ‘to access complaints mechanisms and protection services’91 ‘for fear...

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

...Justice and Accountability🔗 III.13 States must establish impartial and effective complaints mechanisms to receive complaints of CRSV🔗 Under article 13, States must establish impartial and effective complaints mechanisms to receive complaints of torture and ill-treatment that are made known and accessible to the public, including to: Persons deprived of their liberty, whether in detention, psychiatric facilities,214 or elsewhere via, for example, ‘telephone hotlines or confidential complaints boxes in detention facilities’; Persons belonging to at risk or......marginalised groups, ‘including those who may have limited communication abilities’.215 States should: Ensure that independent, effective, confidential and accessible complaints mechanisms are available in all places of detention, including police custody facilities and prisons;216 Ensure that ‘closed complaints boxes’ are installed in prisons;217 Ensure that every individual who alleges that they have been subjected to torture or ill-treatment has the right to complain to the complaints mechanism ‘without any impediment’;218 Ensure that the mechanism is......able to deal with all complaints of torture and ill-treatment, including sexual violence,219 in an impartial manner, and that the mechanism’s investigators are independent from or not influenced by the suspected perpetrators;220 Ensure that investigations of allegations of torture and ill-treatment ‘committed by law enforcement, security, military and prison officials’ are not undertaken by the police or military, but by the complaints mechanism;221 Ensure that complainants of torture and ill-treatment are protected against reprisals and intimidation.222...

Convention on the Rights of Persons with Disabilities (CRPD)

...information and education on how to avoid, recognize and report instances of exploitation, violence and abuse’. Protection services must be age, gender, and disability sensitive.91 Additionally, independent and confidential complaints mechanisms should be made available to all persons with disabilities in all settings.92 III.13 States must provide victims/survivors of CRSV with access to justice🔗 Under article 13, States ‘must ensure that all persons with disabilities have legal capacity and standing in courts’ and enjoy effective...

Council of Europe System

...Providing victims/survivors with information on and access to applicable regional and international individual/collective complaints mechanisms. States must promote ‘the provision of sensitive and knowledgeable assistance to victims in presenting any such complaints’;129 Prohibiting the referral of acts of violence against women and domestic violence to ‘alternative dispute resolution processes, including mediation and conciliation’;130 Ensuring that statutes of limitation ‘allow for the efficient initiation of proceedings after the victim has reached the age of majority’.131 Humanitarian...

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