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torture and other cruel, inhuman or degrading treatment or punishment
General
Acts of torture and cruel, inhuman or degrading treatment constitute direct
violations of the respect for human dignity. The desire to address torture
and acts of a similar nature, that which is often referred to as cruel, inhuman
or degrading treatment or punishment, has meant that the countries of the
world have united in condemning such behaviour. For this reason, the prohibition of torture, together with the prohibition of slavery, has long constituted
one of the strongest norms within international law. This is a part of international common law.
Conventions etc.
The United Nations (UN) and regional associations of states, e.g. the Council
of Europe, have implemented a range of measures in order to address torture.
One of these is the UN Convention against Torture and other Cruel, Inhuman
or Degrading Treatment or Punishment (the Convention against Torture) of
1984. This contains definitions of what constitutes torture and other cruel,
inhuman or degrading treatment or punishment, and also places certain
requirements on the states that have acceded to the convention.
That torture is prohibited is also made clear by many other international
legal documents. The UN Universal Declaration of Human Rights stipulates
that no one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment (Article 5). The prohibition of torture is also found
in the UN International Covenant on Civil and Political Rights1, the UN
Convention on the Rights of the Child2 and the UN Convention on the Rights
of Persons with Disabilities3.
The European Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention)4, and the Charter of Fundamental Rights of the European Union5 also contain prohibitions of torture.
The European Convention’s prohibition of torture has been incorporated into
Swedish law since 1995.
1 Article 7 stipulates that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
2 Under Article 37, States Parties shall ensure that (a) 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. Article 39 states that a child
victim of abuse or exploitation is entitled to rehabilitation and social reintegration.
3 Under Article 15.1, no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his or her free consent to medical or scientific experimentation. Article 15.2 states that 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 cruel, inhuman
or degrading treatment or punishment.
4 Article 3 stipulates that no one shall be subjected to torture or to inhuman or degrading treatment or punishment.
5 Under Article 4, no one shall be subjected to torture or to inhuman or degrading treatment or punishment.
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