General Comment No. 4 on article 3 of the Convention

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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.

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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 ⓘ

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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 ⓘ