Page 207 - ประมวลสรุปความรู้เกี่ยวกับพิธีสารอิสตันบูลและพิธีสารมินนิโซตา

ISTANBUL PROTOCOL ANNEXES

While the Istanbul Protocol and its Principles apply Freedoms; the European Convention for the Prevention
to children, there are additional considerations to of Torture and Inhuman or Degrading Treatment or
be aware of and practice guidelines that should Punishment (art. 3); the American Convention on
be implemented to ensure that investigation and Human Rights (art. 5 (2)); and the African Charter
documentation of torture and ill-treatment of children on Human and Peoples’ Rights (art. 5). In a report to
is done effectively. This edition of the Istanbul the Human Rights Council, the Special Rapporteur
Protocol includes additional updates and clarifications on torture and other cruel, inhuman or degrading
on the documentation of torture and ill-treatment treatment or punishment, Juan E. Méndez, stated that
of children in each chapter. This annex serves as a when considering torture and ill-treatment of children
summary of that chapter-based content, but not as separately from adults, “the threshold at which
comprehensive guidance for such evaluations. treatment or punishment may be classified as torture or
ill-treatment is therefore lower in the case of children”,
especially in cases in which they are deprived of their
I. Considerations for documenting liberty or are unaccompanied (see para. 382 above).
3
torture and ill-treatment of children In addition to international treaties and customary
international law governing the rights of the child,
A. Definition there are often country-specific legal frameworks and
rules regarding child protection and safeguarding that
Article 1 of the Convention on the Rights of the Child must be considered in conducting clinical evaluations.
defines a child as “every human being below the age
of eighteen years unless under the law applicable to C. Psychological considerations
the child, majority is attained earlier”. The Office of
the United Nations High Commissioner for Refugees The effects of torture and ill-treatment need to
(UNHCR) also understands that the definition of be considered in the context of the psychological
“child” includes a wide range of developmental and physical developmental stages of children and
1
stages and levels of maturity. Despite their special adolescents. While torture and ill-treatment have
place in most societies and universally recognized both physical and psychological consequences
vulnerable status, children around the world on all individuals, the effects on children and
experience or witness torture and ill-treatment. adolescents can potentially lead to more long-
term and far-reaching changes in the course of
B. Legal considerations their psychological and physical development.

The Convention on the Rights of the Child states Developmental factors should always be considered
that: “No child shall be subjected to torture or in clinical evaluations of torture and ill-treatment
other cruel, inhuman or degrading treatment or of children. Estimates of the age at which children
punishment.” Several other United Nations treaties become capable of accurate recall of events vary
2
and regional human rights systems address children greatly, and range between the ages of 3–6 and
4
and their rights. United Nations treaties include the 14–15. Furthermore, the ability of children to
International Covenant on Civil and Political Rights, recount events and establish coherent narratives is
the Convention against Torture and Other Cruel, affected by cognitive and language abilities, and social
Inhuman or Degrading Treatment or Punishment, and cultural contexts (see paras. 284–293 above).
the International Convention on the Protection of Nonetheless, information that is valuable and truthful
the Rights of All Migrant Workers and Members can be obtained from children of varying ages.
of Their Families (art. 10); and the Convention on
the Rights of Persons with Disabilities (art. 15). The younger the children, the more their experiences
Regional treaties include the Convention for the and understanding of the traumatic events will be
Protection of Human Rights and Fundamental influenced by the immediate reactions and attitudes

1 UNHCR, The Heart of the Matter, Assessing Credibility when Children Apply for Asylum in the European Union (Brussels, 2014), p. 21.
2 Convention on the Rights of the Child, art. 37 (a).
3 A/HRC/28/68, para. 33. See also, ibid., para. 17.
4 Linda Sayer Gudas and Jerome M. Sattler, “Forensic interviewing of children and adolescents”, Forensic Mental Health Assessment of Children and Adolescents, Steven N.
Sparta and Gerald P. Koocher, eds. (New York, Oxford University Press, 2006), pp. 115–128.

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