Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
1. Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted.
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1. There shall be established a Committee against Torture (hereinafter referred to as the Committee) which shall carry out the functions hereinafter provided. The Committee shall consist of ten experts of high moral standing and recognized competence in the field of human rights, who shall serve in their personal capacity. The experts shall be elected by the States Parties, consideration being given to equitable geographical distribution and to the usefulness of the participation of some persons having legal experience.
1. If the Committee receives reliable information which appears to it to contain well-founded indications that torture is being systematically practised in the territory of a State Party, the Committee shall invite that State Party to co-operate in the examination of the information and to this end to submit observations with regard to the information concerned.
(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered by the Committee and to make submissions orally and/or in writing;
3. When amendments enter into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of this Convention and any earlier amendments which they have accepted.
50. Together, we can seek the truth in dialogue, in relaxed conversation or in passionate debate. To do so calls for perseverance; it entails moments of silence and suffering, yet it can patiently embrace the broader experience of individuals and peoples. The flood of information at our fingertips does not make for greater wisdom. Wisdom is not born of quick searches on the internet nor is it a mass of unverified data. That is not the way to mature in the encounter with truth. Conversations revolve only around the latest data; they become merely horizontal and cumulative. We fail to keep our attention focused, to penetrate to the heart of matters, and to recognize what is essential to give meaning to our lives. Freedom thus becomes an illusion that we are peddled, easily confused with the ability to navigate the internet. The process of building fraternity, be it local or universal, can only be undertaken by spirits that are free and open to authentic encounters.
52. Destroying self-esteem is an easy way to dominate others. Behind these trends that tend to level our world, there flourish powerful interests that take advantage of such low self-esteem, while attempting, through the media and networks, to create a new culture in the service of the elite. This plays into the opportunism of financial speculators and raiders, and the poor always end up the losers. Then too, ignoring the culture of their people has led to the inability of many political leaders to devise an effective development plan that could be freely accepted and sustained over time.
71. The story of the Good Samaritan is constantly being repeated. We can see this clearly as social and political inertia is turning many parts of our world into a desolate byway, even as domestic and international disputes and the robbing of opportunities are leaving great numbers of the marginalized stranded on the roadside. In his parable, Jesus does not offer alternatives; he does not ask what might have happened had the injured man or the one who helped him yielded to anger or a thirst for revenge. Jesus trusts in the best of the human spirit; with this parable, he encourages us to persevere in love, to restore dignity to the suffering and to build a society worthy of the name.
72. The parable begins with the robbers. Jesus chose to start when the robbery has already taken place, lest we dwell on the crime itself or the thieves who committed it. Yet we know them well. We have seen, descending on our world, the dark shadows of neglect and violence in the service of petty interests of power, gain and division. The real question is this: will we abandon the injured man and run to take refuge from the violence, or will we pursue the thieves? Will the wounded man end up being the justification for our irreconcilable divisions, our cruel indifference, our intestine conflicts?
89. Nor can I reduce my life to relationships with a small group, even my own family; I cannot know myself apart from a broader network of relationships, including those that have preceded me and shaped my entire life. My relationship with those whom I respect has to take account of the fact that they do not live only for me, nor do I live only for them. Our relationships, if healthy and authentic, open us to others who expand and enrich us. Nowadays, our noblest social instincts can easily be thwarted by self-centred chats that give the impression of being deep relationships. On the contrary, authentic and mature love and true friendship can only take root in hearts open to growth through relationships with others. As couples or friends, we find that our hearts expand as we step out of ourselves and embrace others. Closed groups and self-absorbed couples that define themselves in opposition to others tend to be expressions of selfishness and mere self-preservation.
103. Fraternity is born not only of a climate of respect for individual liberties, or even of a certain administratively guaranteed equality. Fraternity necessarily calls for something greater, which in turn enhances freedom and equality. What happens when fraternity is not consciously cultivated, when there is a lack of political will to promote it through education in fraternity, through dialogue and through the recognition of the values of reciprocity and mutual enrichment? Liberty becomes nothing more than a condition for living as we will, completely free to choose to whom or what we will belong, or simply to possess or exploit. This shallow understanding has little to do with the richness of a liberty directed above all to love.
105. Individualism does not make us more free, more equal, more fraternal. The mere sum of individual interests is not capable of generating a better world for the whole human family. Nor can it save us from the many ills that are now increasingly globalized. Radical individualism is a virus that is extremely difficult to eliminate, for it is clever. It makes us believe that everything consists in giving free rein to our own ambitions, as if by pursuing ever greater ambitions and creating safety nets we would somehow be serving the common good.
107. Every human being has the right to live with dignity and to develop integrally; this fundamental right cannot be denied by any country. People have this right even if they are unproductive, or were born with or developed limitations. This does not detract from their great dignity as human persons, a dignity based not on circumstances but on the intrinsic worth of their being. Unless this basic principle is upheld, there will be no future either for fraternity or for the survival of humanity.
109. Some people are born into economically stable families, receive a fine education, grow up well nourished, or naturally possess great talent. They will certainly not need a proactive state; they need only claim their freedom. Yet the same rule clearly does not apply to a disabled person, to someone born in dire poverty, to those lacking a good education and with little access to adequate health care. If a society is governed primarily by the criteria of market freedom and efficiency, there is no place for such persons, and fraternity will remain just another vague ideal.
128. If the conviction that all human beings are brothers and sisters is not to remain an abstract idea but to find concrete embodiment, then numerous related issues emerge, forcing us to see things in a new light and to develop new responses.
130. This implies taking certain indispensable steps, especially in response to those who are fleeing grave humanitarian crises. As examples, we may cite: increasing and simplifying the granting of visas; adopting programmes of individual and community sponsorship; opening humanitarian corridors for the most vulnerable refugees; providing suitable and dignified housing; guaranteeing personal security and access to basic services; ensuring adequate consular assistance and the right to retain personal identity documents; equitable access to the justice system; the possibility of opening bank accounts and the guarantee of the minimum needed to survive; freedom of movement and the possibility of employment; protecting minors and ensuring their regular access to education; providing for programmes of temporary guardianship or shelter; guaranteeing religious freedom; promoting integration into society; supporting the reuniting of families; and preparing local communities for the process of integration.[111]
144. It also gives rise to healthy and enriching exchanges. The experience of being raised in a particular place and sharing in a particular culture gives us insight into aspects of reality that others cannot so easily perceive. Universal does not necessarily mean bland, uniform and standardized, based on a single prevailing cultural model, for this will ultimately lead to the loss of a rich palette of shades and colours, and result in utter monotony. Such was the temptation referred to in the ancient account of the Tower of Babel. The attempt to build a tower that would reach to heaven was not an expression of unity between various peoples speaking to one another from their diversity. Instead, it was a misguided attempt, born of pride and ambition, to create a unity other than that willed by God in his providential plan for the nations (cf. Gen 11:1-9). 2ff7e9595c
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