eu-charter

Handvest van de grondrechten van de Europese Unie

Artikel 4 - Het verbod van folteringen en van onmenselijke of vernederende behandelingen of bestraffingen

Artikel 4 - Het verbod van folteringen en van onmenselijke of vernederende behandelingen of bestraffingen

Niemand mag worden onderworpen aan folteringen of aan onmenselijke of vernederende behandelingen of bestraffingen.

    • Text:

      Het recht van artikel 4 correspondeert met het recht dat in het gelijkluidende artikel 3 van het EVRM is gewaarborgd: `Niemand mag worden onderworpen aan folteringen of aan onmenselijke of vernederende behandelingen of bestraffingen.`. Overeenkomstig artikel 52, lid 3, van het Handvest heeft het derhalve dezelfde inhoud en reikwijdte als voornoemd artikel.

      Source:
      Publicatieblad van de Europese Unie C 303/17 - 14.12.2007
      Preamble - Explanations relating to the Charter of Fundamental Rights:
      Deze toelichtingen werden oorspronkelijk opgesteld onder de verantwoordelijkheid van het praesidium van de Conventie die het Handvest van de grondrechten van de Europese Unie heeft opgesteld. Zij zijn bijgewerkt onder de verantwoordelijkheid van het praesidium van de Europese Conventie, in het licht van de wijzigingen die door laatstgenoemde Conventie in het Handvest zijn aangebracht (met name in artikel 51 en 52) en van verdere ontwikkelingen in het recht van de Unie. Hoewel zij op zich geen juridische waarde hebben, vormen zij een waardevol hulpmiddel voor de interpretatie, bedoeld om de bepalingen van het Handvest te verduidelijken.
    • Κ.Α.Μ. v Republic of Cyprus
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Fifth Chamber)
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI:EU:C:2025:114
    • RL and QS v Bundesrepublik Deutschland
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Type:
      Decision
      Policy area:
      Asylum and migration
      ECLI (European case law identifier):
      ECLI:EU:C:2024:1036
    • Third country national v the Secretary of State of Justice and Security
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Type:
      Policy area:
      ECLI (European case law identifier):
      ECLI:NL:RVS:2024:4244
    • K and Others v Staatssecretaris van Justitie en Veiligheid
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Type:
      Decision
      Policy area:
      Asylum and migration
      ECLI (European case law identifier):
      ECLI:EU:C:2024:892
    • KS and KD v Council of the European Union and Others
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Grand Chamber)
      Type:
      Decision
      Policy area:
      Foreign and security policy
      ECLI (European case law identifier):
      ECLI:EU:C:2024:725
    • A. v the Danish public prosecutor’s office
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
    • I. B. v Ministry of the Interior
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI:CZ:NSS:2024:5.Azs.89.2024.49
    • A family (two adult plaintiffs and an infant) v Ministry of the Interior
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI:SI:VSRS:2024:I.UP.146.2024
    • QY v Bundesrepublik Deutschland
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Grand Chamber)
      Type:
      Policy area:
      Asylum and migration
      ECLI (European case law identifier):
      ECLI:EU:C:2024:524
    • A.S. v Republic of Cyprus via the Director the Archives Population and Immigration
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      International Protection Administrative Court
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):

    40 results found

    • Grondwet voor het Koninkrijk der Nederlanden
      Land:
      Netherlands

      Artikel 11 Ieder heeft, behoudens bij of krachtens de wet te stellen beperkingen, recht op onaantastbaarheid van zijn lichaam

    • Charter of Fundamental Rights and Freedoms
      Land:
      Czechia

      Article 7 (1) The inviolability of the person and of her privacy is guaranteed. They may be limited only in cases provided for by law. (2) No one may be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.

    • Listina základních práv a svobod
      Land:
      Czechia

      Článek 7 (1) Nedotknutelnost osoby a jejího soukromí je zaručena. Omezena může být jen v případech stanovených zákonem. (2) Nikdo nesmí být mučen ani podroben krutému, nelidskému nebo ponižujícímu zacházení nebo trestu.

    • Instrument of Government
      Land:
      Sweden

      Chapter 2 - Fundamental Rights and Freedoms: Article 5 Everyone shall be protected against corporal punishment. No one may be subjected to torture or medical intervention with the purpose of extorting or suppressing statements.

    • Kungörelse (1974:152) om beslutad ny regeringsform
      Land:
      Sweden

      2 kapitlet - Grundläggande fri- och rättigheter: 5 § Var och en är skyddad mot kroppsstraff. Ingen får heller utsättas för tortyr eller för medicinsk påverkan i syfte att framtvinga eller hindra yttranden.

    • Constitutión Española
      Land:
      Spain

      Artículo 15Todos tienen derecho a la vida y a la integridad física y moral, sin que, en ningún caso, puedan ser sometidos a tortura ni a penas o tratos inhumanos o degradantes. Queda abolida la pena de muerte, salvo lo que puedan disponer las leyes penales militares para tiempos de guerra.

    • Constitution of the Kingdom of Spain
      Land:
      Spain

      Section 15 Everyone has the right to life and to physical and moral integrity, and under no circumstances may be subjected to torture or to inhuman or degrading punishment or treatment. Death penalty is hereby abolished, except as provided for by military criminal law in times of war.

    • Constitution of the Republic of Slovenia
      Land:
      Slovenia

      Article 18 No one may be subjected to torture, inhuman or degrading punishment or treatment. The conducting of medical or other scientific experiments on any person without his free consent is prohibited.Article 21 Respect for human personality and dignity shall be guaranteed in criminal and in all other legal proceedings, as well as during the deprivation of liberty and enforcement of punitive sanctions. Violence of any form on any person whose liberty has been restricted in any way is prohibited, as is the use of any form of coercion in obtaining confessions and statements.

    • Ustava Republike Slovenije
      Land:
      Slovenia

      18. člen Nihče ne sme biti podvržen mučenju, nečloveškemu ali ponižujočem kaznovanju ali ravnanju. Na človeku je prepovedano delati medicinske ali druge znanstvene poskuse brez njegove svobodne privolitve.

      21. člen Zagotovljeno je spoštovanje človekove osebnosti in njegovega dostojanstva v kazenskem in v vseh drugih pravnih postopkih, in prav tako med odvzemom prostosti in izvrševanjem kazni. Prepovedno je vsakršno nasilje nad osebami, ki jim je prostost kakorkoli omejena, ter vsakršno izsiljevanje priznanj in izjav.

    • Constitution of the Slovak Republic
      Land:
      Slovakia

      Article 16 (...) (2) No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment.

    • Ústava Slovenskej republiky
      Land:
      Slovakia

      Čl. 16 (...) (2) Nikoho nemožno mučiť ani podrobiť krutému, neľudskému či ponižujúcemu zaobchádzaniu alebo trestu.

    • Constituția României
      Land:
      Romania

      Articolul 22(...) (2) Nimeni nu poate fi supus torturii si nici unui fel de pedeapsa sau de tratament inuman ori degradant.

    • Constitution of Romania
      Land:
      Romania

      Article 22(...) (2) No one may be subjected to torture or to any kind of inhuman or degrading punishment or treatment.

    • Constituição da República Portuguesa
      Land:
      Portugal

      Artigo 25.º (Direito à integridade pessoal) 2. Ninguém pode ser submetido a tortura, nem a tratos ou penas cruéis, degradantes ou desumanos.

    • Constitution of the Portuguese Republic
      Land:
      Portugal

      Article 25 (Right to personal integrity) (2) No one shall be subjected to torture or to cruel, degrading or inhuman treatment or punishment.

    • Constitution of the Republic of Poland
      Land:
      Poland

      Article 40 No one may be subjected to torture or cruel, inhuman, or degrading treatment or punishment. The application of corporal punishment shall be prohibited.

    • Konstytucja Rzeczypospolitej Polskiej
      Land:
      Poland

      Art. 40 Nikt nie może być poddany torturom ani okrutnemu, nieludzkiemu lub poniżającemu traktowaniu i karaniu. Zakazuje się stosowania kar cielesnych.

    • Constitution of Malta
      Land:
      Malta

      Article 36 (1) No person shall be subjected to inhuman or degrading punishment or treatment. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment which was lawful in Malta immediately before the appointed day. (3) (a) No law shall provide for the imposition of collective punishments. (b) Nothing in this subsection shall preclude the imposition of collective punishments upon the members of a disciplined force in accordance with the law regulating the discipline of that force. 

    • Constitution of the Republic of Lithuania
      Land:
      Lithuania

      Article 21. (...) It shall be prohibited to torture or injure a human being, degrade his dignity, subject him to cruel treatment, or to establish such punishments. (...)

    • Lietuvos Respublikos Konstitucija
      Land:
      Lithuania

      21 straipsnis. (...) Draudžiama žmogų kankinti, žaloti, žeminti jo orumą, žiauriai su juo elgtis, taip pat nustatyti tokias bausmes. (…).

    9 results found

    • Regulation (EU) 2024/1359 of the European Parliament and of the Council of 14 May 2024 addressing situations of crisis and force majeure in the field of migration and asylum and amending Regulation (EU) 2021/1147

      Preamble 

      (8) This Regulation respects the fundamental rights of third-country nationals and stateless persons and observes the principles recognised by the Charter of Fundamental Rights of the European Union (the ‘Charter’), in particular the respect and protection of human dignity, prohibition of torture and inhuman or degrading treatment or punishment, respect for private and family life, the principle of the best interests of the child, the right to asylum and protection in the event of removal, expulsion or extradition, as well as the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (the ‘Geneva Convention’). This Regulation should be implemented in compliance with the Charter and general principles of Union law as well as with international law. In order to reflect the primary consideration that must be given to the best interests of the child, in line with the 1989 United Nations Convention on the Rights of the Child, and the need to respect family life, as well as to ensure the protection of the health of the persons concerned, safeguards should be applied in respect of minors and their family members, and of applicants for international protection (‘applicants’) whose state of health requires specific and adequate support. The rules and guarantees set out in Regulation (EU) 2024/1348 should continue to apply in respect of persons subject to the derogations provided for in this Regulation, except where this Regulation provides otherwise. The rules set out in Directive (EU) 2024/1346 of the European Parliament and of the Council (7), including those concerning the detention of applicants, should continue to apply from the moment an application for international protection is made.


      (18) In a situation of instrumentalisation, third-country nationals and stateless persons could apply for international protection at the external border or in a transit zone of a Member State, often being persons apprehended in connection with unauthorised crossings of the external border by land, sea or air or who are disembarked following search and rescue operations. This can lead, in particular, to an unexpected significant increase in the caseload of applications for international protection at the external borders. In that regard, effective and genuine access to the international protection procedure must be ensured in accordance with Article 18 of the Charter and the Geneva Convention.


      (42) In situations of crisis and force majeure, the Member State should be authorised to derogate from Regulation (EU) 2024/1348 in order to register applications for international protection no later than four weeks after they are made. Such an extension should be without prejudice to the rights of asylum applicants guaranteed by the Charter, Regulation (EU) 2024/1348 and Directive (EU) 2024/1346. Without prejudice to the exception provided for during the period between the request and the adoption of the Council implementing decision, in a situation of crisis, characterised by mass arrivals of third-country nationals and stateless persons, the extension of the registration period should only be applied during the time period set out in the initial Council implementing decision.

      Article 1: Subject matter

      2.   Temporary measures adopted pursuant to this Regulation shall meet the requirements of necessity and proportionality, be appropriate to achieving their stated objectives and ensuring the protection of the rights of applicants and beneficiaries of international protection, and be consistent with the obligations of the Member States under the Charter, international law and the Union asylum acquis. This Regulation shall not affect the fundamental principles and guarantees, established by the legislative acts from which derogations are allowed pursuant to this Regulation.

    • Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA

      Preamble 
      (1) Trafficking in human beings is a serious crime, often committed within the framework of organised crime, a gross violation of fundamental rights and explicitly prohibited by the Charter of Fundamental Rights of the European Union. Preventing and combating trafficking in human beings is a priority for the Union and the Member States.


      (8) Children are more vulnerable than adults and therefore at greater risk of becoming victims of trafficking in human beings. In the application of this Directive, the child’s best interests must be a primary consideration, in accordance with the Charter of Fundamental Rights of the European Union and the 1989 United Nations Convention on the Rights of the Child.

      (10) This Directive is without prejudice to the principle of non-refoulement in accordance with the 1951 Convention relating to the Status of Refugees (Geneva Convention), and is in accordance with Article 4 and Article 19(2) of the Charter of Fundamental Rights of the European Union.


      (33) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably human dignity, the prohibition of slavery, forced labour and trafficking in human beings, the prohibition of torture and inhuman or degrading treatment or punishment, the rights of the child, the right to liberty and security, freedom of expression and information, the protection of personal data, the right to an effective remedy and to a fair trial and the principles of the legality and proportionality of criminal offences and penalties. In particular, this Directive seeks to ensure full respect for those rights and principles and must be implemented accordingly.

      Article 1: Subject matter

      This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of trafficking in human beings. It also introduces common provisions, taking into account the gender perspective, to strengthen the prevention of this crime and the protection of the victims thereof.

    • Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast)

      Preamble 
      (33) The best interests of the child should be a primary consideration of Member States when applying this Directive, in accordance with the Charter of Fundamental Rights of the European Union (the Charter) and the 1989 United Nations Convention on the Rights of the Child. In assessing the best interest of the child, Member States should in particular take due account of the minor’s well-being and social development, including his or her background.

      (39) In determining whether a situation of uncertainty prevails in the country of origin of an applicant, Member States should ensure that they obtain precise and up-to-date information from relevant sources such as EASO, UNHCR, the Council of Europe and other relevant international organisations. Member States should ensure that any postponement of conclusion of the procedure fully complies with their obligations under Directive 2011/95/EU and Article 41 of the Charter, without prejudice to the efficiency and fairness of the procedures under this Directive.


      (60) This Directive respects the fundamental rights and observes the principles recognised by the Charter. In particular, this Directive seeks to ensure full respect for human dignity and to promote the application of Articles 1, 4, 18, 19, 21, 23, 24, and 47 of the Charter and has to be implemented accordingly.

      Article 13: Obligations of the applicants

      1. Member States shall impose upon applicants the obligation to cooperate with the competent authorities with a view to establishing their identity and other elements referred to in Article 4(2) of Directive 2011/95/EU. Member States may impose upon applicants other obligations to cooperate with the competent authorities insofar as such obligations are necessary for the processing of the application.

      2. In particular, Member States may provide that:

      (a) applicants are required to report to the competent authorities or to appear before them in person, either without delay or at a specified time;

      (b) applicants have to hand over documents in their possession relevant to the examination of the application, such as their passports;

      (c) applicants are required to inform the competent authorities of their current place of residence or address and of any changes thereof as soon as possible. Member States may provide that the applicant shall have to accept any communication at the most recent place of residence or address which he or she indicated accordingly;

      (d) the competent authorities may search the applicant and the items which he or she is carrying. Without prejudice to any search carried out for security reasons, a search of the applicant’s person under this Directive shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity;

      (e) the competent authorities may take a photograph of the applicant; and

      (f) the competent authorities may record the applicant’s oral statements, provided he or she has previously been informed thereof.

      ...

      Article 30: Collection of information on individual cases

      For the purposes of examining individual cases, Member States shall not:

      (a) disclose information regarding individual applications for international protection, or the fact that an application has been made, to the alleged actor(s) of persecution or serious harm;

      (b) obtain any information from the alleged actor(s) of persecution or serious harm in a manner that would result in such actor(s) being directly informed of the fact that an application has been made by the applicant in question, and would jeopardise the physical integrity of the applicant or his or her dependants, or the liberty and security of his or her family members still living in the country of origin.

      ...

      Article 45: Procedural rules

      1. Member States shall ensure that, where the competent authority is considering withdrawing international protection from a third-country national or stateless person in accordance with Article 14 or 19 of Directive 2011/95/EU, the person concerned enjoys the following guarantees:

      (a) to be informed in writing that the competent authority is reconsidering his or her qualification as a beneficiary of international protection and the reasons for such a reconsideration; and

      (b) to be given the opportunity to submit, in a personal interview in accordance with Article 12(1)(b) and Articles 14 to 17 or in a written statement, reasons as to why his or her international protection should not be withdrawn.

      2. In addition, Member States shall ensure that within the framework of the procedure set out in paragraph 1:

      (a) the competent authority is able to obtain precise and up-to-date information from various sources, such as, where appropriate, from EASO and UNHCR, as to the general situation prevailing in the countries of origin of the persons concerned; and

      (b) where information on an individual case is collected for the purposes of reconsidering international protection, it is not obtained from the actor(s) of persecution or serious harm in a manner that would result in such actor(s) being directly informed of the fact that the person concerned is a beneficiary of international protection whose status is under reconsideration, or jeopardise the physical integrity of the person or his or her dependants, or the liberty and security of his or her family members still living in the country of origin.

      3. Member States shall ensure that the decision of the competent authority to withdraw international protection is given in writing. The reasons in fact and in law shall be stated in the decision and information on how to challenge the decision shall be given in writing.

      4. Once the competent authority has taken the decision to withdraw international protection, Article 20, Article 22, Article 23(1) and Article 29 are equally applicable.

      5. By way of derogation from paragraphs 1 to 4 of this Article, Member States may decide that international protection shall lapse by law where the beneficiary of international protection has unequivocally renounced his or her recognition as such. A Member State may also provide that international protection shall lapse by law where the beneficiary of international protection has become a national of that Member State. 

    • Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 introducing the screening of third-country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817

      Preamble 
      (25) During the screening, the best interests of the child should always be a primary consideration in accordance with Article 24(2) of the Charter of Fundamental Rights of the European Union (the ‘Charter’). Child protection authorities should, wherever necessary, be closely involved in the screening to ensure that the best interests of the child are duly taken into account throughout the screening. A representative should be appointed to represent and assist the unaccompanied minor during the screening or, where a representative has not been appointed, a person trained to safeguard the best interests and general wellbeing of the minor should be designated. Where applicable, that representative should be the same as the representative appointed in accordance with the rules on unaccompanied minors in Directive (EU) 2024/1346. The trained person should be the person designated to provisionally act as a representative under that Directive, where that person has been designated.


      (37) A preliminary vulnerability check should be carried out with a view to identifying persons with indications of being vulnerable, of being victims of torture or other inhuman or degrading treatment, or of being stateless, or who may have special reception or procedural needs within the meaning of Directive (EU) 2024/1346 and Regulation (EU) 2024/1348, respectively. This should be without prejudice to further assessment in ensuing procedures following the completion of the screening. The vulnerability check should be carried out by specialised personnel of the screening authorities trained for that purpose.


      (38) During the screening, all persons concerned should be guaranteed a standard of living complying with the Charter and have access to emergency health care and essential treatment of illnesses. Particular attention should be paid to individuals with vulnerabilities, such as pregnant women, elderly persons, single-parent families, persons with an immediately identifiable physical or mental disability, persons visibly having suffered psychological or physical trauma and unaccompanied minors. In particular, in the case of a minor, information should be provided in a child-friendly and age-appropriate manner. All the authorities involved in the performance of the tasks related to the screening should report any situation of vulnerabilities observed or reported to them, should respect human dignity and privacy, and should refrain from any discrimination.

      Article 8 : Requirements concerning the screening

      8.   Member States shall ensure that all persons subject to the screening are accorded a standard of living which guarantees their subsistence, protects their physical and mental health and respects their rights under the Charter.

      Article 10 : Monitoring of fundamental rights

      2.   Each Member State shall provide for an independent monitoring mechanism in accordance with the requirements set out in this Article, which shall:

      (a) monitor compliance with Union and international law, including the Charter, in particular as regards access to the asylum procedure, the principle of non-refoulement, the best interest of the child and the relevant rules on detention, including relevant provisions on detention in national law, during the screening; and

      (b) ensure that substantiated allegations of failure to respect fundamental rights in all relevant activities in relation to the screening are dealt with effectively and without undue delay, trigger, where necessary, investigations into such allegations and monitor the progress of such investigations.

      Article 12: Preliminary health checks and vulnerabilities

      3.   Third-country nationals subjected to the screening referred to in Articles 5 and 7 shall be subject to a preliminary vulnerability check by specialised personnel of the screening authorities trained for that purpose, with a view to identifying whether a third-country national might be a stateless person, vulnerable or a victim of torture or other inhuman or degrading treatment, or have special needs within the meaning of Directive 2008/115/EC, Article 25 of Directive (EU) 2024/1346 and Article 20 of Regulation (EU) 2024/1348. For the purpose of that vulnerability check, the screening authorities may be assisted by non-governmental organisations and, where relevant, by qualified medical personnel.

      Article 13: Guarantees for minors

      1.   During the screening, the best interests of the child shall always be a primary consideration in accordance with Article 24(2) of the Charter.

    • Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by Frontex

      Preamble 


      (19) This Regulation respects the fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union (TEU) and by the Charter, in particular respect for human dignity, the right to life, the prohibition of torture and of inhuman or degrading treatment or punishment, the prohibition of trafficking in human beings, the right to liberty and security, the right to the protection of personal data, the right to asylum and to protection against removal and expulsion, the principles of non-refoulement and non-discrimination, the right to an effective remedy and the rights of the child. This Regulation should be applied by Member States and the Agency in accordance with those rights and principles.

    • Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624

      Article 1 Subject matter

      This Regulation establishes a European Border and Coast Guard to ensure European integrated border management at the external borders with a view to managing those borders efficiently in full compliance with fundamental rights and to increasing the efficiency of the Union return policy.

      This Regulation addresses migratory challenges and potential future challenges and threats at the external borders. It ensures a high level of internal security within the Union in full respect of fundamental rights, while safeguarding the free movement of persons within the Union. It contributes to the detection, prevention and combating of cross-border crime at the external borders.

      ...

    • Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment

      Article 1 Subject matter

      This Regulation lays down Union rules governing trade with third countries in goods that could be used for the purpose of capital punishment or for the purpose of torture or other cruel, inhuman or degrading treatment or punishment, and rules governing the supply of brokering services, technical assistance, training and advertising related to such goods.

      ...

    • Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection

      Article 25 Victims of torture and violence
      ‘(1) Member States shall ensure that persons who have been subjected to torture, rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts, in particular access to appropriate medical and psychological treatment or care.
      (2) Those working with victims of torture, rape or other serious acts of violence shall have had and shall continue to receive appropriate training concerning their needs, and shall be bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.‘

    • Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of t...

      Article 32 - Exchange of health data before a transfer is carried out:
      ‘(1) For the sole purpose of the provision of medical care or treatment, in particular concerning disabled persons, elderly people, pregnant women, minors and persons who have been subject to torture, rape or other serious forms of psychological, physical and sexual violence, the transferring Member State shall, in so far as it is available to the competent authority in accordance with national law, transmit to the Member State responsible information on any special needs of the person to be transferred, which in specific cases may include information on that person’s physical or mental health. That information shall be transferred in a common health certificate with the necessary documents attached. The Member State responsible shall ensure that those special needs are adequately addressed, including in particular any essential medical care that may be required.‘

    9 results found

    • Global Compact for Safe, Orderly and Regular Migration

      Resolution adopted by the General Assembly on 19 December 2018

    • European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

      Article 1

      There shall be established a European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter referred to as “the Committee”). The Committee shall, by means of visits, examine the treatment of persons deprived of their liberty with a view to strengthening, if necessary, the protection of such persons from torture and from inhuman or degrading treatment or punishment.

      ...

    • European Convention on Human Rights - Article 3

      Article 3 – Prohibition of torture

      No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

    • Convention on the Rights of the Child

      Article 37

      States Parties shall ensure that:

      (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;

      (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;

      (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;

      (d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.

    • Convention on the Rights of Persons with Disabilities - Article 15

      Article 15 – Freedom from torture or cruel, inhuman or degrading treatment or punishment

      1. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his or her free consent to medical or scientific experimentation.

      2. States Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment.

    • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

      Article 1

      1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

      2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.

    • International Covenant on Civil and Political Rights

      Article 7

      No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

    • Human Rights Committee, General Comment No. 35 - Article 9: Liberty and Security of person

      ‘34. The individual must be brought to appear physically before the judge or other officer authorized by law to exercise judicial power. The physical presence of detainees at the hearing gives the opportunity for inquiry into the treatment that they received in custody and facilitates immediate transfer to a remand detention centre if continued detention is ordered. It thus serves as a safeguard for the right to security of person and the prohibition against torture and cruel, inhuman or degrading treatment. ‘
      ‘58. Several safeguards that are essential for the prevention of torture are also necessary for the protection of persons in any form of detention against arbitrary detention and infringement of personal security. The following examples are non-exhaustive. Detainees should be held only in facilities officially acknowledged as places of detention. A centralized official register should be kept of the names and places of detention, and times of arrival and departure, as well as of the names of persons responsible for their detention, and made readily available and accessible to those concerned, including relatives. Prompt and regular access should be given to independent medical personnel and lawyers and, under appropriate supervision when the legitimate purpose of the detention so requires, to family members. Detainees should be promptly informed of their rights, in a language they understand; providing information leaflets in the appropriate language, including in Braille, may often assist the detainee in retaining the information. Detained foreign nationals should be informed of their right to communicate with their consular authorities, or, in the case of asylum seekers, with the Office of the United Nations High Commissioner for Refugees. Independent and impartial mechanisms should be established for visiting and inspecting all places of detention, including mental-health institutions.‘

    • UN General Assembly Resolution 70/175 (2015) - United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)

      Rule 1
      ‘All prisoners shall be treated with the respect due to their inherent dignity and value as human beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification. The safety and security of prisoners, staff, service providers and visitors shall be ensured at all times.‘
      Rule 32
      ‘1. The relationship between the physician or other health-care professionals and the prisoners shall be governed by the same ethical and professional standards as those applicable to patients in the community, in particular: [...]
      (d) An absolute prohibition on engaging, actively or passively, in acts that may constitute torture or other cruel, inhuman or degrading treatment or punishment, including medical or scientific experimentation that may be detrimental to a prisoner’s health, such as the removal of a prisoner’s cells, body tissues or organs.‘
      Rule 43
      ‘1. In no circumstances may restrictions or disciplinary sanctions amount
      to torture or other cruel, inhuman or degrading treatment or punishment.
      The following practices, in particular, shall be prohibited:
      (a) Indefinite solitary confinement;
      (b) Prolonged solitary confinement;
      (c) Placement of a prisoner in a dark or constantly lit cell;
      (d) Corporal punishment or the reduction of a prisoner’s diet or drinking water;
      (e) Collective punishment.‘