Page 50 - ประมวลสรุปความรู้เกี่ยวกับพิธีสารอิสตันบูลและพิธีสารมินนิโซตา

ISTANBUL PROTOCOL I. RELEVANT INTERNATIONAL LEGAL NORMS AND STANDARDS

support provided by health professionals who are of unaccompanied and separated children outside
51
appropriately trained to detect sexual violence. their country of origin, the Committee affirmed that
a child should not be returned to a country where
26. The Committee’s general recommendations there were substantial grounds for believing that there
have elaborated on issues such as violence was a real risk of irreparable harm to the child. In
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against women and access to justice, in which examining individual complaints, pursuant to the
52
it reiterated that justice systems needed to be Optional Protocol to the Convention on the Rights
available, accessible, justiciable, accountable, of of the Child on a communications procedure, the
good quality and provide remedies for victims. 53 Committee has found that deporting a girl to a State
where she is at risk of being subjected to female
27. In its consideration of individual communications genital mutilation violates the Convention. 58
pursuant to the Optional Protocol to the Convention
on the Elimination of All Forms of Discrimination f. Committee on the Rights of Persons
against Women, the Committee has found with Disabilities
violations of rights enshrined in the Convention,
including cases concerning forced sterilization, 31. The Committee on the Rights of Persons
domestic violence, violence in prison, forced with Disabilities was established pursuant
continuation of pregnancy and a lack of provisions to article 34 of the Convention on the
to effectively punish rape and sexual violence. Rights of Persons with Disabilities.
54
e. Committee on the Rights of the Child 32. The Committee has addressed aspects of torture and
ill-treatment as part of its mandate. For instance, the
28. The Committee on the Rights of the Child Committee found that Argentine authorities failed to
was established pursuant to article 43 of the ensure that a prisoner with disabilities was able to use
Convention on the Rights of the Child. prison facilities and services on an equal basis with
other detainees and that the State was obliged to take
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29. In its concluding observations, the Committee steps to rectify the situation. The Committee also
has repeatedly addressed torture and ill-treatment emphasized the State’s obligation to prevent torture
under article 37 of the Convention, which provides when it found that the United Republic of Tanzania
that “no child shall be subjected to torture or had failed to investigate and prosecute suspected
other cruel, inhuman or degrading treatment or perpetrators of an attack against an individual with
punishment”. In so doing, the Committee has raised albinism; the Committee noted that this failure
concerns about torture, extrajudicial executions and resulted in a revictimization of the targeted individual,
enforced disappearance of children at the hands of who had endured psychological ill-treatment and a
the police and armed forces and has recommended violation of the individual’s physical integrity. 60
recording, investigating and prosecuting all
allegations of torture or ill-treatment of children. g. Committee on Enforced Disappearances
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30. The Committee has published general comments on 33. The mandate of the Committee on Enforced
corporal punishment and other cruel or degrading Disappearances is to monitor implementation of
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forms of punishment as well as on juvenile justice. the International Convention for the Protection
In its general comment No. 6 (2005) on treatment of All Persons from Enforced Disappearance by

51 CEDAW/C/IRQ/CO/4-6, paras. 48–49; CEDAW/C/MLI/CO/6-7, paras. 13–14; and CEDAW/C/BDI/CO/5-6, paras. 26–27.
52 Committee on the Elimination of Discrimination against Women, general recommendation No. 12 (1989); general recommendation No. 19 (1992); and general
recommendation No. 35 (2017).
53 Committee on the Elimination of Discrimination against Women, general recommendation No. 33 (2015).
54 Committee on the Elimination of Discrimination against Women, Szijjarto v. Hungary, communication 4/2004; A.T. v. Hungary, communication No. 2/2003; Vienna
Intervention Centre against Domestic Violence and the Association for Women’s Access to Justice on behalf of Akbak et al. v. Austria (CEDAW/C/39/D/6/2005);
Abramova v. Belarus (CEDAW/C/49/D/23/2009); L.C. v. Peru (CEDAW/C/50/D/22/2009); and V.P.P. v. Bulgaria (CEDAW/C/53/D/31/2011).
55 CRC/C/SLV/CO/5-6 and Corr.1, para. 24; and CRC/C/ARG/CO/5-6, paras. 21–22.
56 Committee on the Rights of the Child, general comment No. 8 (2006) and general comment No. 10 (2007).
57 Committee on the Rights of the Child, general comment No. 6 (2005), para. 27.
58 Committee on the Rights of the Child, K.Y.M. v. Denmark (CRC/C/77/D/3/2016).
59 Committee on the Rights of Persons with Disabilities, X v. Argentina (CRPD/C/11/D/8/2012), para. 8.5.
60 Committee on the Rights of Persons with Disabilities, X v. United Republic of Tanzania (CRPD/C/18/D/22/2014), paras. 8.6–8.7.

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