Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 20
Paragraphe- Paragraph text
- While the legal framework around torture is uniquely developed, the Special Rapporteur is of the view that certain terms relating to the prohibition of torture that are relied upon require reaffirmation and clarification. For example, while the Convention expressly defines torture in its article 1 (1), no such definition exists of "other cruel, inhuman or degrading treatment or punishment" as a whole, or of its separate elements. A former Special Rapporteur has argued that "the distinguishing factor is not the intensity of the suffering inflicted, but rather the purpose of the conduct, the intention of the perpetrator and the powerlessness of the victim" (see A/HRC/13/39, para. 60). Thus, based on the work undertaken by his predecessors, the Special Rapporteur will aim to further illuminate and interpret the exact parameters and obligations surrounding the absolute prohibition of torture. With a view to contributing to the doctrine on the prohibition of cruel, inhuman or degrading treatment or punishment, the Special Rapporteur will also endeavour to further clarify the criteria and thresholds rendering a particular treatment or punishment "cruel", "inhuman" or "degrading". In doing so, the Special Rapporteur will aim to ensure that the protection space offered to victims of torture and other ill-treatment remains adequate in the light of the fast-evolving challenges marking the contemporary international environment.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Type de paragraphe
- Other
- Paragraph number
- 20
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