14 1. The legal background of the operation of the National Preventive Mechanism 1.2.1. UN instruments Pursuant to Article 7 of the International Covenant on Civil and Political Rights, adopted by the 21st Session of the UN General Assembly on 16 December 1966, promulgated by Law-decree 8 of 1976,17 “no one may be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. From the aspect of performing tasks related to the National Preventive Mechanism, Article 10.1 of the Covenant, stipulating that “all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person”, has special significance. According to Article 37 of the Convention on the Rights of the Child, signed in New York on 20 November 1989 (hereinafter the “UN Convention on the Rights of the Child”), promulgated by Act LXIV of 1991, the States Parties shall ensure that “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age”. Pursuant to Article 15 of the Convention on the Rights of Persons with Disabilities (hereinafter the “CRPD”), promulgated by Act XCII of 2007, “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. The “States Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or treatment or punishment”. In Hungary, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter the “UN Convention against Torture”), promulgated by Law-decree 3 of 1988, entered into force on 26 June 1987. The definition of torture was introduced to Hungarian law upon the entering into force of the UN Convention against Torture. Pursuant to Article 1 of the UN Convention against Torture, the term “torture” means any act • by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person, • for such purposes as obtaining from him or from a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating 17 Before January 1988, in the field of legislation, the Presidium of the People’s Republic (hereinafter the “PPP”) had the power of substitution as regards the Parliament, with the exceptions that it could not amend the Constitution or adopt any source of law named “act”. Statutory-level legal sources adopted by the PPP were called law-decrees. No law-decree may be adopted since the abolishment of the PPP. Prevailing law-decrees may be amended or repealed only by an act. See Clause IV/2 of Constitutional Court Decision 20/1994 (IV. 16.).