16
United Nations Convention Against Torture and its Optional Protocol
the preambles of the two International Covenants of 19662 and of 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 of 1975.3
The text, as proposed in the original Swedish draft of 1980, was unanimously adopted
with only a few changes suggested during the drafting in the Working Group of the
Commission on Human Rights. The preamble reiterates the absolute prohibition of torture and CIDT, as contained in Article 5 UDHR and Article 7 CCPR, and expresses
the desire ‘to make more effective the struggle against Torture’ and CIDT. This seems to
constitute the central object and purpose of the Convention.
2. Travaux Préparatoires
2.1 Chronology of Draft Texts
Declaration (9 December 1975)4
The General Assembly,
Considering that, in accordance with the principles proclaimed in the Charter of
the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice
and peace in the world,
Considering that these rights derive from inherent dignity of the human person,
Considering also 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 may be subjected to torture or to cruel, inhuman or degrading
treatment or punishment,
Adopts the Declaration on the Protection of All Persons from Being Subjected to
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the text
of which is annexed to the present resolution, as a guideline for all States and other
entities exercising effective power.
Proposals for the preamble and the final provisions of the Draft Convention,
submitted by Sweden (2 December 1980)5 The States Parties to the present
Convention,
Considering that, in accordance with the principles proclaimed in the Charter of
the United Nations, recognition of the inherent dignity and 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 these rights derive from the inherent dignity of the human
person,
GA Res 2200/A (XXI) of 16 December 1966. 3 GA Res 3452 (XXX) of 9 December 1975.
ibid.
5
Proposal for the Preamble and the Final Provisions of the Draft Convention (1980) UN Doc
E/CN.4/1427.
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4
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