Prohibition on torture
and other cruel, inhuman
or degrading treatment
or punishment
ICCPR
Art. 7: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
Convention against Torture
Art. 1: “For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as […] punishing him for an act he or a third person has committed or is suspected
of having committed, […] or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include
pain or suffering arising only from, inherent in or incidental to lawful sanctions.”
Art. 16: “Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading
treatment or punishment which do not amount to torture as defined in article 1, when such acts are committed by or at the instigation of
or with the consent or acquiescence of a public official or other person acting in an official capacity.”
CEDAW
Art. 5 (a): States Parties shall take all appropriate measures, “To modify the social and cultural patterns of conduct of men and
women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of
inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.”
Commission on Human Rights resolution 2005/40
4.f: The Commission on Human Rights urges States, “To ensure that no one within their jurisdiction is deprived of the right to life,
liberty, or security of person because of religion or belief and that no one is subjected to torture or arbitrary arrest or detention on that
account, and to bring to justice all perpetrators of violations of these rights;”.
Commission on Human Rights resolution 2005/39
7: The Commission on Human Rights, “Reminds Governments that corporal punishment, including of children, can amount to cruel,
inhuman or degrading punishment or even to torture;”.
Commission on Human Rights resolution 2003/32
General Assembly Declaration 48/104
Art. 4 (c): States should, “Exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of
violence against women, whether those acts are perpetrated by the State or by private persons.”
E/CN.4/2006/5
page 39
5: The Commission on Human Rights, “Reminds Governments that corporal punishment, including of children, can amount to cruel,
inhuman or degrading punishment or even to torture;”.