The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 74
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To date, the death penalty has been treated under the provisions concerning the right to life, and therein as an exception provided for by international law. A new approach is needed as there is evidence of an evolving standard within international bodies and a robust State practice to frame the debate about the legality of the death penalty within the context of the fundamental concepts of human dignity and the prohibition of torture and cruel, inhuman or degrading treatment or punishment. This evolving standard, along with the resulting illegality of the death penalty under such prohibition, is developing into a norm of customary law, if it has not already done so.
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Non-negotiated soft law
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Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment