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Author: Manfred Nowak Publisher: Oxford University Press ISBN: 019258507X Category : Law Languages : en Pages : 1376
Book Description
The prohibition of torture - the right to physical and mental integrity - is guaranteed in the strongest terms under international law. It is protected as an absolute right, non-derogable even in times of war or public emergency under many human rights treaties and is also generally accepted as a part of customary international law and even ius cogens. The main instrument to combat torture within the framework of the United Nations is the Convention Against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT). This Commentary explores the problematic definition of torture in the Convention, the substantive obligations of States parties, the principle of 'non-refoulement', provisions for international monitoring, and also the concept of preventative visits to all places of detention as contained in the Optional Protocol to the CAT. It also covers issues including the distinction between torture and cruel inhuman or degrading treatment and the principle of non-admissibility of evidence extracted under torture. Full article by article commentary on the Convention also provides historical context and thorough analysis of case-law and practice from international and regional courts and monitoring bodies. Relevant case-law from domestic courts are also discussed. Despite the broad ratification and the universal recognition of the prohibition of torture and other forms of ill-treatment we witness a 'global crisis' affecting the majority of countries worldwide. In recent years the protection of human rights is experiencing a particularly serious crisis - also affecting the phenomenon of torture - in which official narratives and public belief often trivialise and even endorse such practices in the name of security and the fight against terrorism, ignoring the suffering and damages it causes. On the other hand, the positive experiences in some States illustrate that torture can be eradicated if the provisions of CAT and OPCAT are taken seriously and are being fully implemented. This is an open access title available under the terms of a CC BY-NC 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
Author: Rachel H. Murray Publisher: ISBN: 0199602190 Category : Law Languages : en Pages : 262
Book Description
The Optional Protocol to the UN Convention Against Torture (OPCAT) establishes an independent international monitoring committee (SPT) which itself will visit states and places where persons are deprived of their liberty. It also requires states to set up independent national bodies to visit places of detention. This book, drawing upon events held and interviews with governments, civil society, members of UN treaty bodies, national visiting bodies and others, identifies key factors that have shaped the operation of these visiting bodies since OPCAT came into force in 2006. It looks in detail at the background to the adoption of the Protocol, as well as how the international committee, the SPT, has carried out its mandate in its first few years. It examines the range of places of detention that could be visited by these bodies, and the expectations placed on the national visiting bodies themselves. The book also places the OPCAT within the broader system of torture prevention in the UN and elsewhere and identifies a range of trends arising from the different geographical regions. As well as providing an insight into its work, this detailed examination of OPCAT also provides valuable lessons for other new human rights treaties such as the UN Convention on the Rights of Persons with Disabilities and the Convention on Enforced Disappearances, which have similar provisions concerning national mechanisms.
Author: Nicolas Boeglin Naumovic Publisher: ISBN: 9782940337064 Category : Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Languages : en Pages : 272
Book Description
And methodology of the preventive mechanisms under Optional Protocol to the UN Convention against Torture. 5. strategies for the rarification and implementation of Optional Protocol to the UN Convention against Torture.
Author: Kerstin Buchinger Publisher: ISBN: Category : Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment Languages : en Pages : 178
Author: Publisher: ISBN: Category : Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment Languages : en Pages : 60
Author: Jean-Jacques Gautier Publisher: ISBN: Category : Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment Languages : en Pages : 56
Book Description
"Since the proclamation in 1948 of the Universal Declaration of Human Rights, the international instruments condemning torture have multiplied. Nevertheless, far from receding, this scourge has spread like a cancer in a large number of States of all political tendencies in all continents. At present, an international Convention against torture is in process of elaboration within the United Nations. There is no indication that it will be accompanied by the necessary provisions to ensure its implementation. An original and realistic proposal was launched four years ago by a Geneva lawyer, Jean-Jacques Gautier, who obtained the support of a number of Swiss and international experts. In 1978 the International Commission of Jurists adopted this idea and turned it into a Draft Optional Protocol, which is published in this booklet. In March 1980, the Government of Costa Rica submitted it formally to the UN Commission. In short, it proposes that, in order to ensure that the Convention Against Torture is really enforced, the States Parties undertake to authorize a Committee established under the Protocol to visit freely all places of detention within their territory. It is thus a procedure for prevention rather than for condemnation. This idea, inspired by the experience of the International Committee of the Red Cross, is making gradual progress. The creation of this new weapon in the campaign against torture is supported, in this booklet, by some personalities of world-wide renown."--Page 4 of cover.
Author: Publisher: ISBN: Category : Law Languages : en Pages : 344
Book Description
This publication reproduces the Universal Declaration of Human Rights, and the nine core international human rights treaties and their optional protocols in a user-friendly format to make them more accessible, in particular to government officials, civil society, human rights defenders, legal practitioners, scholars, individual citizens and others with an interest in human rights norms and standards.