Preamble
17
Considering the obligation of States under the Charter of the United Nations 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 may 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 (resolution
3452 (XXX)),
Desiring to convert the principles of the Declaration into binding treaty obligations and to adopt a system for their effective implementation,
Have agreed as follows:
2.2 Analysis of Working Group Discussions
Whereas the Working Group of the Commission on Human Rights had already begun
discussing the substantive elements of the Convention in 1980, work on the preamble
only began in 1983. The Group took as its basis the draft clauses submitted by Sweden
in 1980.6
The first issue raised by various delegations within the Working Group concerned the
scope of the Convention as defined in the title and reflected in the text. The preamble
was regarded by all as a reiteration of the purpose of the Convention at hand. In order to
ascertain whether the object and purpose of the treaty was accurately reflected in the text,
it was deemed relevant to discuss the overall scope of the Convention within the specific
discussion of the preamble itself. While some delegations expressed the view that the draft
Convention related principally to criminal law and procedure and that this should be reflected in the title of the instrument,7 others noted that this was not necessarily the case.
As one representative pointed out, the subject-matter of the Convention against Torture
is inherently linked to the agenda item under which it had previously been discussed,
namely, ‘The question of the human rights of all persons subjected to any form of detention or imprisonment’.8 The Swedish delegation, however, argued that the subject-matter
of the Convention had already been defined by the mandate given to the Commission as
laid out in General Assembly Resolution 32/62:
To draw up a draft Convention against torture and other cruel, inhuman or degrading treatment
or punishment in the light of the principles embodied in the Declaration on the Protection of All
Persons from Being Subjected to Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment.9
This mandate had been confirmed by subsequent General Assembly resolutions.
According to the Swedish representative, it therefore followed that no limitations applied
6
Draft Report of the Working Group on a Draft Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (1983) UN Doc E/CN.4/1983/WG.2/WP.16, para 5. See E/CN.4/
1427 (n 5) for the draft preambular clauses.
7
8
E/CN.4/1983/WG.2/WP.16 (n 6) para 6.
ibid.
9
GA Res 32/62 of 8 December 1977.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents