Right to not be Subjected to Torture or Other Cruel, Inhuman, or Degrading Treatment or Punishment

United Nations World Conference Documents

Vienna para. 56 – The World Conference on Human Rights reaffirms that under human rights law and international humanitarian law, freedom from torture is a right which must be protected under all circumstances, including in times of internal or international disturbance or armed conflicts.

ICPD para. 4.10 – Countries are urged to identify and condemn the systematic practice of rape and other forms of inhuman and degrading treatment of women as a deliberate instrument of war and ethnic cleansing and take steps to assure that full assistance is provided to the victims of such abuse for their physical and mental rehabilitation.

Treaties

The Universal Declaration of Human Rights article 5 – No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

CAT(1) article 1 – [T]he term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for . . . any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

CRC(2) article 37 (a) – [States Parties shall ensure that] [n]o child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.

CERD(3) article 5 – States Parties undertake to prohibit and to eliminate racial discrimination in all it forms and to guarantee [to] everyone . . . (b) The right to security of person and protection by the State against violence or bodily harm . . .

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1. CAT: Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

2. CRC: Convention on the Rights of the Child

3. CERD: International Convention on the Elimination of All Forms of Racial Discrimination