Inhuman or degrading treatment

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Inhuman or degrading treatment is treatment of persons which is contrary to human rights or dignity, but does not rise to the level of torture. It is forbidden by the Universal Declaration of Human Rights, Article 3 of the European Convention on Human Rights, the United Nations Convention against Torture and the International Covenant on Civil and Political Rights. [1] [2] [3] [4]

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Inhuman treatment

The Equality and Human Rights Commission defines inhuman treatment as: [5]

Degrading treatment

The Equality and Human Rights Commission defines degrading treatment as undignified and humiliating treatment. Whether treatment is considered degrading is dependent on several factors, including the duration of the treatment; physical and mental effects on the victim; and the victim's age, race, sex, and vulnerabilities.

The International Covenant on Civil and Political Rights (ICCPR) in its Article 7 expressly prohibits the medical or scientific experimentation without free consent of its subject(s) and recognizes it as a particular form of torture or cruel, inhuman or degrading treatment. Moreover the Article 4.2 of the ICCPR expressly prohibits derogation from this prohibition in its Article 7 and thus is directly establishing it as Peremptory norm in this sense making the non-consensual medical or scientific experimentation potentially punishable under the provisions of national penal codes concerning the crimes of torture and cruel, inhuman or degrading treatment in all countries which are parties of the ICCPR and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

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Related Research Articles

International human rights instruments are the treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights in general. There are many varying types, but most can be classified into two broad categories: declarations, adopted by bodies such as the United Nations General Assembly, which are by nature declaratory, so not legally-binding although they may be politically authoritative and very well-respected soft law;, and often express guiding principles; and conventions that are multi-party treaties that are designed to become legally binding, usually include prescriptive and very specific language, and usually are concluded by a long procedure that frequently requires ratification by each states' legislature. Lesser known are some "recommendations" which are similar to conventions in being multilaterally agreed, yet cannot be ratified, and serve to set common standards. There may also be administrative guidelines that are agreed multilaterally by states, as well as the statutes of tribunals or other institutions. A specific prescription or principle from any of these various international instruments can, over time, attain the status of customary international law whether it is specifically accepted by a state or not, just because it is well-recognized and followed over a sufficiently long time.

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Torture is the act of deliberately inflicting severe physical or psychological suffering on someone by another as a punishment or in order to fulfill some desire of the torturer or force some action from the victim. Torture, by definition, is a knowing and intentional act; deeds which unknowingly or negligently inflict suffering or pain, without a specific intent to do so, are not typically considered torture.

International Covenant on Civil and Political Rights Treaty adopted by United Nations General Assembly in 1966

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966, and in force from 23 March 1976 in accordance with Article 49 of the covenant. Article 49 allowed that the covenant would enter into force three months after the date of the deposit of the thirty-fifth instrument of ratification or accession. The covenant commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. As of September 2019, the Covenant has 173 parties and six more signatories without ratification. Notable holdouts are People's Republic of China and Cuba. North Korea tried to withdraw.

United Nations Convention against Torture International human rights instrument against torture and cruel or unusual punishment

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights treaty, under the review of the United Nations, that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.

Solitary confinement Strict imprisonment form

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Inter-American Convention to Prevent and Punish Torture

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Article 3 – Prohibition of torture No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

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<i>Zaoui v Attorney-General</i> (No 2)

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References

  1. "Convention Against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment" (PDF). 2007-11-05. Retrieved 2021-03-27.
  2. Nations, United. "Universal Declaration of Human Rights". United Nations. Retrieved 2021-03-27.
  3. "International Covenant on Civil and Political Rights". United Nations OHCHR. Retrieved 2021-06-26.
  4. "Republic of Ireland v. United Kingdom" (PDF). 1978-01-18. Retrieved 2021-03-27.
  5. "Article 3: Freedom from torture and inhuman or degrading treatment | Equality and Human Rights Commission". www.equalityhumanrights.com. Retrieved 2021-03-27.