Ch 11 The prohibition of torture and ill treatment under international law

Question 1

What is ill-treatment?

Answer 1

Ill-treatment is a general term that includes degrading treatment and torture. However, the term has no precise legal meaning.

Question 2

What is inhuman treatment?

Answer 2

Inhuman treatment is distinct from torture and degrading treatment but not necessarily less or more serious. The Human Rights Committee sees them as equal but different; the European Court of Human Rights does see them as hierarchical.

Question 3

Is the prohibition of inhuman treatment erga omnes, non-derogable, limited and not absolute or all of the above?

Answer 3

The prohibition of torture is erga omnes – this does not extend to other forms of ill-treatment. The prohibition of inhuman treatment is non-derogable, meaning States parties cannot suspend the protection at times of emergency and it is not limitable in the way some other rights are, for example, for the protection of the rights of others.

Question 4

State three aims of the UN Torture Convention 1984.

Answer 4

1. To define torture
2. Prohibit refoulement
3. To be a jurisdictional treaty

Question 5

What did the Optional Protocol to the Torture Conventions do?

Answer 5

Established a sub Committee to carry out visits and act in a preventative proactive manner, to help States comply with their obligations under the 1984 Torture Convention, but which does not adjudicate.