Convention Against Torture

Definition

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international treaty aimed at preventing torture and ensuring the protection of human rights. It establishes a legal framework obligating states to prohibit and prevent torture within their jurisdictions, while also addressing issues like accountability for perpetrators and the treatment of individuals in custody.

5 Must Know Facts For Your Next Test

1. The Convention was adopted by the United Nations General Assembly in 1984 and entered into force in 1987.
2. As of now, more than 170 countries have ratified the Convention, committing themselves to prevent torture and other forms of ill-treatment.
3. The treaty prohibits not only torture but also cruel, inhuman, or degrading treatment or punishment under any circumstances.
4. States parties must ensure that acts of torture are offenses under their criminal law and establish effective measures for investigation and prosecution.
5. The Committee Against Torture monitors implementation of the Convention and reviews reports submitted by states parties on their compliance.

Review Questions

• How does the Convention Against Torture define torture and what obligations does it impose on ratifying states?
  • The Convention Against Torture defines torture as any act by which severe pain or suffering is intentionally inflicted on a person for purposes such as obtaining information or punishment. Ratifying states are obligated to take effective measures to prevent torture within their jurisdictions, establish laws criminalizing torture, and ensure that individuals accused of torture are held accountable. This framework is essential in creating a legal environment where human rights are protected.
• Discuss the challenges that countries face in effectively implementing the Convention Against Torture, particularly regarding accountability.
  • Countries often encounter significant challenges in implementing the Convention Against Torture, especially regarding accountability for acts of torture. Issues include insufficient legal frameworks, lack of political will to prosecute perpetrators, and systemic corruption within law enforcement agencies. These barriers can hinder investigations and prosecutions, allowing impunity to persist. Furthermore, cultural attitudes towards authority may discourage victims from coming forward due to fear of reprisal or disbelief.
• Evaluate the impact of counter-terrorism measures on the enforcement of the Convention Against Torture in various countries.
  • Counter-terrorism measures can complicate the enforcement of the Convention Against Torture as governments may prioritize national security over human rights. In some cases, this has led to the justification of torture or ill-treatment under the guise of interrogation techniques aimed at extracting information from suspected terrorists. Such practices raise serious ethical concerns and undermine international human rights standards, demonstrating a tension between security objectives and obligations under the Convention.

Related terms

Torture: Torture refers to the intentional infliction of severe pain or suffering, whether physical or mental, by a person acting in an official capacity, usually to obtain information or punish someone.

Human Rights: Human rights are the basic rights and freedoms to which all individuals are entitled, including the right to life, liberty, and security, as well as freedom from torture and inhumane treatment.

Accountability: Accountability in the context of human rights means that individuals or states can be held responsible for violating human rights, including engaging in acts of torture.