ANNEX I. >> Metadata sheets on selected indicators
Data collection and source
The main sources of data are administrative records maintained by the national human rights
institution, human rights ombudsperson and other mechanisms.
Periodicity
The information is normally compiled and published annually.
Disaggregation
To enable detection of the pattern of abuse against particular groups or in particular areas, the
indicator should be disaggregated by the characteristics of the alleged victim (sex, age, economic
and social situation, ethnicity, minority, indigenous, colour, language, religion, political or other
opinion, national or social origin, migrant, disability, sexual orientation, place of residence, region,
profession, whether or not detained at the time of the alleged abuse).
Similarly, the indicator should be disaggregated according to whether the abuse is alleged to have
been committed by a State agent, with the complicity/tolerance/ acquiescence of a State agent, or
by a private individual or individuals. To assess the effectiveness of investigation and adjudication
procedures overall, data related to this indicator should also be disaggregated by the end result of
the procedure.
Comments and limitations
The basic source of information for this indicator comes from events‑based data on human rights
violations. Such data may underestimate (or sometimes, though rarely, even overestimate) the
incidence of torture or cruel, inhuman or degrading treatment or punishment, if used in a casual
manner to draw generalized conclusions for the country as a whole. Moreover, in most instances,
the number of cases reported to independent bodies depends on the awareness, access to
information, motivation and perseverance of the alleged or potential victim, his or her family and
friends, or civil society organizations in the country concerned.
The Human Rights Committee, in its general comment No. 20 (1992), states that “the right to
lodge complaints against maltreatment prohibited by article 7 must be recognized in the domestic
law. Complaints must be investigated promptly and impartially by competent authorities so as
to make the remedy effective. The reports of States parties should provide specific information
on the remedies available to victims of maltreatment and the procedure that complainants must
follow, and statistics on the number of complaints and how they have been dealt with” (para. 14).
Examples of provisions relevant to the right not to be subjected to torture or to cruel, inhuman or
degrading treatment or punishment: Universal Declaration of Human Rights, art. 5; Convention
against Torture, arts. 1 to 16; International Convention on the Elimination of All Forms of Racial
Discrimination, art. 5 (b); International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, arts. 10 and 11; Convention on the Elimination of All
Forms of Discrimination against Women, arts. 2 and 16; Convention on the Rights of Persons with
Disabilities, art. 15; and Convention on the Rights of the Child, arts. 37 and 39.
Model questionnaires for complaints are available on the OHCHR website at http://www2.
ohchr.org/english/bodies/question.htm (accessed 2 July 2012).
152 Human Rights Indicators
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