Prevention of Torture and Rehabilitation of Victims
Latest update : January 2002

The EU sets out its position on torture each year at the Commission on Human Rights in Geneva and at the Third Committee of the UN General Assembly in New York. Since 1994, the EU has also intervened on the subject at the OSCE’s Human Dimension Implementation Meetings. The EU stresses the need for all States to ratify the Convention Against Torture and has been instrumental in supporting the successful adoption of the Optional Protocol to the Convention Against Torture which will establish a system of international and national visiting mechanisms for the inspection of places of detention. After ten years  of negotiations, the Optional Protocol was finally approved in the UN General Assembly on 18^th December 2002 by an overwhelming majority of 127 in favour, 4 against and 42 abstentions. A Declaration welcoming this result was made by the European Union on 19^th December 2002 (full text of the Declaration).

The EU also strongly welcomes the "Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment" which were drawn up in 1999 and annexed to the Resolution on Torture which was adopted without a vote at the Third Committee of the UNGA in 2000. The Principles establish international standards for investigating allegations of torture.

All EU Member States have ratified the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. This established a European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (www.cpt.coe.int) which visits places of detention (including prisons, police stations, army barracks, psychiatric hospitals) and is designed to prevent torture or ill-treatment.

EU policy has been elaborated in the EU Guidelines on Torture which send a clear signal that the issue is an EU priority. The guidelines, which were adopted by the Council on 9 April 2001, include guidance governing EU intervention in contacts with third countries (covering political dialogues, démarches and actions on individual cases) and in multilateral human rights fora. They underline the EU’s support for relevant international and regional mechanisms such as the Committee against Torture, the European Committee for the Prevention of Torture and the Special Rapporteur. In order to ensure the effective implementation of these guidelines, the Council’s Political and Security Committee adopted a working paper in December 2002 which includes the introduction of systematic reporting by EU Heads of Mission on possible patterns of torture in third countries. This reporting will assist the EU in determining the appropriate action to combat torture in a particular country on the basis of the guidelines.

On 25 June 2002, the General Affairs Council adopted a Declaration to mark the International Day in Support of Victims of Torture (26 June). The Declaration underlines the primary importance which the EU attaches to the prevention and eradication of torture and other cruel, inhuman or degrading treatment or punishment in all parts of the world.

Projects funded under the European Initiative for Democracy and Human Rights :

The EU’s emphasis on action to prevent torture is reflected in the funding of projects aimed at improving conditions in places of detention, at supporting relevant international and regional mechanisms as well as public education and awareness raising campaigns, etc. Under the 2000 budget, projects include for example, the training of police officers in Nicaragua and of prison staff in Morocco and the funding of the annual report on developments of the UN and European Human Rights systems.

The EU has provided substantial support for rehabilitation centres for torture victims. In 1994, an article devoted to torture victims was included in the EU budget at the initiative of the European Parliament. The Human Rights Regulations adopted in 1999 (975/1999 and  (976/1999) provide an explicit legal basis for funding "support for rehabilitation centres for torture victims and for organisations offering concrete help to victims of human rights abuses or help to improve conditions in places where people are deprived of their liberty in order to prevent torture or ill-treatment".

Funding for torture projects under the European Initiative for Democracy and Human Rights (Chapter B7-7 of the EU budget) rose to approximately €9 million in 2000. 2001 saw a significant increase in funding with €12 million for torture rehabilitation centres (€6 million for centres inside the EU and €6 million for centres outside the EU). EU support has helped to create networks of rehabilitation centres and has funded a wide-range of activities within centres including medical, social and legal assistance to victims, training of staff and publication of documents aimed at raising the awareness of the public. Further details on projects supported under the European Initiative in 2001.

In April 2002, the European Commission launched a further Call for Proposals for €25 million focusing on the prevention of torture and the rehabilitation of torture victims and the selection of projects under this Call has recently been finalised.

RIGHT OF THE CHILD
Background

The importance attached by the EU to the promotion of the rights of the child is reflected in the initiatives which it takes in international fora, the policy Guidelines which it has adopted and the extensive funding which is channelled to projects through the EC budget.

In co-operation with Latin American countries, the EU tables resolutions on the rights of the child at the annual sessions of the UN Commission on Human Rights (CHR) and UN General Assembly Third Committee. Such resolutions reaffirm the importance of the Convention on the Rights of the Child, its Optional Protocols and other relevant obligations and highlight a wide range of concerns related to children’s rights, including poverty, health, education, freedom from violence, birth registration, non-discrimination, child labour, sexual exploitation and children affected by armed conflict.

On 8th December 2003, the EU adopted new Guidelines on Children and Armed Conflict following consultations with the UN Secretary General’s Special Representative on Children and Armed Conflict, UNICEF and NGOs. The Guidelines constitute an important commitment to use the tools at the EU’s disposal to address the short, medium and long term impact of armed conflict on children, including through monitoring and reporting by EU Heads of Mission, EU Military Commanders and Special Representatives, démarches, political dialogue, multilateral co-operation and crisis management operations. The Guidelines state that the European Commission will draw the attention of the Council and Member States to relevant reporting in this area and provide information on Community-funded projects aimed at children and armed conflict and post-conflict rehabilitation. To that end the Commission has produced a comprehensive overview of relevant projects, including support through ECHO for humanitarian assistance, efforts to tackle small arms, light weapons and landmines, funding under the “Aid to Uprooted People” budget line and projects under the European Development Fund. Projects have also been supported in recent years through the Rapid Reaction Mechanism and the European Initiative for Democracy and Human Rights (EIDHR). The overview concludes that a key area which is not currently supported – and which will be considered in the context of current reflections on the future shape of the EIDHR - is advocacy, awareness-raising and training in the field of children and armed conflict relating to the signature, ratification and implementation of relevant international instruments and commitments, including the Convention on the Rights of the Child and its Optional Protocols, and the Plan of Action agreed at the UN Special Session on Children in May 2002.

The EU NGO Human Rights Forum held in December 2003 in Rome examined the issue of child protection under international law, drawing together a wide range of representatives from EU institutions, Member States, UN organisations and civil society to discuss trafficking, children and armed conflict and other children’s rights issues.