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medical expenses paid and provision of funds to cover future medical or rehabilitative
services needed by the victim to ensure as full rehabilitation as possible; pecuniary and
non-pecuniary damage resulting from the physical and mental harm caused; loss of
earnings and earning potential due to disabilities caused by the torture or ill-treatment; and
lost opportunities such as employment and education. In addition, adequate compensation
awarded by States parties to a victim of torture or ill-treatment should provide for legal or
specialist assistance, and other costs associated with bringing a claim for redress.
Rehabilitation
11.
The Committee affirms that the provision of means for as full rehabilitation as
possible for anyone who has suffered harm as a result of a violation of the Convention
should be holistic and include medical and psychological care as well as legal and social
services. Rehabilitation, for the purposes of this general comment, refers to the restoration
of function or the acquisition of new skills required as a result of the changed circumstances
of a victim in the aftermath of torture or ill-treatment. It seeks to enable the maximum
possible self-sufficiency and function for the individual concerned, and may involve
adjustments to the person’s physical and social environment. Rehabilitation for victims
should aim to restore, as far as possible, their independence, physical, mental, social and
vocational ability; and full inclusion and participation in society.
12.
The Committee emphasizes that the obligation of States parties to provide the means
for “as full rehabilitation as possible” refers to the need to restore and repair the harm
suffered by a victim whose life situation, including dignity, health and self-sufficiency may
never be fully recovered as a result of the pervasive effect of torture. The obligation does
not relate to the available resources of States parties and may not be postponed.
13.
In order to fulfil its obligations to provide a victim of torture or ill-treatment with the
means for as full rehabilitation as possible, each State party should adopt a long-term,
integrated approach and ensure that specialist services for victims of torture or ill-treatment
are available, appropriate and readily accessible. These should include: a procedure for the
assessment and evaluation of individuals’ therapeutic and other needs, based on, inter alia,
the Manual on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (The Istanbul Protocol); and may include
a wide range of inter-disciplinary measures, such as medical, physical and psychological
rehabilitative services; re-integrative and social services; community and family-oriented
assistance and services; vocational training; education etc. A holistic approach to
rehabilitation which also takes into consideration the strength and resilience of the victim is
of utmost importance. Furthermore, victims may be at risk of re-traumatization and have a
valid fear of acts which remind them of the torture or ill-treatment they have endured.
Consequently, a high priority should be placed on the need to create a context of confidence
and trust in which assistance can be provided. Confidential services should be provided as
required.
14.
The requirement in the Convention to provide these forms of rehabilitative services
does not extinguish the need to provide medical and psychosocial services for victims in the
direct aftermath of torture, nor does such initial care represent the fulfilment of the
obligation to provide the means for as full rehabilitation as possible.
15.
States parties shall ensure that effective rehabilitation services and programmes are
established in the State, taking into account a victim’s culture, personality, history and
background and are accessible to all victims without discrimination and regardless of a
victim’s identity or status within a marginalized or vulnerable group, as illustrated in
paragraph 32, including asylum seekers and refugees. States parties’ legislation should
establish concrete mechanisms and programmes for providing rehabilitation to victims of
torture or ill-treatment. Torture victims should be provided access to rehabilitation
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