General Comment No. 4 on article 3 of the Convention

E229222

General Comment No. 4 on article 3 of the Convention is an authoritative interpretation by the UN Committee against Torture clarifying states’ obligations to prevent refoulement and protect individuals from being returned to countries where they risk torture.

All labels observed (1)

How this entity was disambiguated

Statements (48)

Predicate Object
instanceOf UN human rights document
authoritative interpretation
general comment
addresses assessment of risk of torture in destination country
obligations of non-refoulement in the context of asylum and migration
procedural safeguards in removal, expulsion and extradition proceedings
adoptedBy Committee against Torture
affirms that States must proactively investigate possible risk factors
that non-refoulement under article 3 is complementary to other international refugee and human rights protections
that the burden of proof is shared between the individual and the State in assessing risk of torture
aimsTo ensure that no person is returned to a country where they face a real risk of torture
appliesTo States parties to the Convention against Torture
clarifies obligations of States parties to prevent refoulement
scope of protection against return to risk of torture
that diplomatic assurances cannot be used to circumvent the prohibition of refoulement to risk of torture
that non-refoulement applies irrespective of the person’s conduct or alleged danger to the community
that non-refoulement obligations apply to all forms of removal, including expulsion, deportation and extradition
that non-refoulement obligations apply to any territory under a State party’s jurisdiction or effective control
emphasizes absolute nature of the prohibition of torture
individualized assessment of risk
need for effective remedies with suspensive effect
non-derogable character of the non-refoulement obligation under article 3
focusesOn principle of non-refoulement
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
legalStatus non-binding but authoritative interpretation
linkedTo 1951 Convention relating to the Status of Refugees
International Covenant on Civil and Political Rights
jurisprudence of the Committee against Torture
objective to guide States in implementing article 3 of the Convention against Torture
to strengthen protection against torture in the context of migration and removal
publishedBy Office of the United Nations High Commissioner for Human Rights
relatedTo Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
requires access to legal assistance for individuals facing removal
fair and transparent procedures in removal decisions
independent and impartial review of removal decisions
opportunity to present arguments and evidence against removal
that appeals against removal have suspensive effect
setsOut criteria for evaluating substantial grounds for believing a person would be in danger of torture
factors to be considered in assessing general human rights situation in the receiving State
obligations to collect and consider relevant, up-to-date and reliable information on the destination country
subjectMatter non-refoulement and protection against torture in removal proceedings
usedBy States parties in interpreting their obligations under article 3
courts and tribunals in assessing non-refoulement claims
lawyers and human rights defenders in litigation and advocacy

How these facts were elicited

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Committee against Torture subjectOf General Comment No. 4 on article 3 of the Convention