Preamble
The States Parties to this Convention,
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,
Recognizing that those rights derive from the inherent dignity of the human
person,
Considering the obligation of States under the Charter, in particular Article 55, to
promote universal respect for, and observance of, human rights and fundamental
freedoms,
Having regard to article 5 of the Universal Declaration of Human Rights and article
7 of the International Covenant on Civil and Political Rights, both of which provide
that no one shall be subjected to torture or to cruel, inhuman or degrading treatment
or punishment,
Having regard also to the Declaration on the Protection of All Persons from Being
Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, adopted by the General Assembly on 9 December 1975,
Desiring to make more effective the struggle against torture and other cruel, inhuman
or degrading treatment or punishment throughout the world,
Have agreed as follows:
1. Introduction
2. Travaux Préparatoires
2.1 Chronology of Draft Texts
2.2 Analysis of Working Group Discussions
3. Issues of Interpretation
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1. Introduction
Under Article 31 of the VCLT, the provisions of international treaties are not to be interpreted in isolation but rather in their context. The treaty’s text including the preamble and annexes, together with relevant agreements between the States parties, may be
drawn upon. This legal significance of the preamble has been generally recognized under
international law.1
Like most other international human rights treaties, the Convention against Torture
contains an extensive preamble. It places the obligations of States parties contained in
the Convention in the context of the principles proclaimed in the Charter of the United
Nations, and it emphasizes the natural-law origins of human rights. The text is based on
1
cf ILC Yearbook, Vol 2 (1964) 57, 203.
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