General Comment No. 1 on the implementation of article 3 of the Convention

E220063

General Comment No. 1 on the implementation of article 3 of the Convention is an authoritative interpretative document by the Committee against Torture that clarifies states’ obligations to prevent refoulement to countries where individuals risk torture.

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Statements (36)

Predicate Object
instanceOf United Nations human rights document
authoritative interpretative document
general comment
addresses individualized assessment of risk
procedural safeguards in removal proceedings
relevance of general human rights situation in the receiving State
standard of proof for risk of torture in non-refoulement cases
adoptedBy Committee against Torture
surface form: Committee against Torture at the United Nations
aimsTo prevent refoulement to countries where individuals risk torture
appliesTo any other form of transfer of a person to another State
expulsion
extradition
return
basedOn Committee against Torture jurisprudence
text of article 3 of the Convention against Torture
binds States parties to the Convention against Torture in their implementation of article 3
clarifies duty not to expel, return or extradite a person to another State where there are substantial grounds for believing that they would be in danger of being subjected to torture
obligations of States parties under article 3 of the Convention against Torture
scope of the prohibition of refoulement
concerns absolute nature of the prohibition of torture
non-derogable character of the obligation not to return a person to a risk of torture
establishes criteria for assessing risk of torture upon return
interprets article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
issuedBy Committee against Torture
language English
French
Spanish
legalNature non-binding but authoritative interpretation
objective ensure effective protection against torture through non-refoulement
guide States parties in implementing article 3 of the Convention against Torture
relatesTo international human rights law
international refugee law
principle of non-refoulement
usedBy Committee against Torture in examining individual communications
States parties in interpreting article 3 obligations
courts and tribunals as persuasive authority on non-refoulement under the Convention against Torture

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Committee against Torture subjectOf General Comment No. 1 on the implementation of article 3 of the Convention