Inhuman Or Degrading Treatment
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Inhuman Or Degrading Treatment
Cruel, inhuman or degrading treatment (CIDT) is treatment of persons which is contrary to human rights or dignity, but is not classified as torture. It is forbidden by the Universal Declaration of Human Rights, Article 3 of the European Convention on Human Rights, the United Nations Convention against Torture and the International Covenant on Civil and Political Rights. Although the distinction between torture and CIDT is maintained from a legal point of view, medical and psychological studies have found that it does not exist from the psychological point of view, and people subjected to CIDT will experience the same consequences as survivors of torture. Based on this research, some practitioners have recommended abolishing the distinction. Inhuman treatment The Equality and Human Rights Commission defines inhuman treatment as: * serious physical assault * psychological interrogation * cruel detention conditions or restraints * physical or psychological abuse in a healthcare set ...
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Human Rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in Municipal law, municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being Universality (philosophy), universal, and they are Egalitari ...
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Dignity
Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inalienable rights. The term may also be used to describe personal conduct, as in "behaving with dignity". Etymology The English word "dignity", attested from the early 13th century, comes from Latin ''dignitas'' (worthiness) by way of French ''dignité''. Modern use English-speakers often use the word "dignity" in proscriptive and cautionary ways: for example, in politics it can be used to critique the treatment of oppressed and vulnerable groups and peoples, but it has also been applied to cultures and sub-cultures, to religious beliefs and ideals, and even to animals used for food or research. "Dignity" also has descriptive meanings pertaining to the ''worth'' of human beings. In general, the term has various functions and meanings depen ...
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Torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts carried out by the state, but others include non-state organizations. Torture has been carried out since ancient times. In the eighteenth and nineteenth centuries, Western countries abolished the official use of torture in the judicial system, but torture continued to be used throughout the world. A variety of methods of torture are used, often in combination; the most common form of physical torture is beatings. Since the twentieth century, many torturers have preferred non-scarring or psychological methods to provide deniability. Torturers are enabled by organizations that facilitate and encourage their behavior. Most victims of torture are poor and marginalized people suspected of crimes, although torture against political prisoners or ...
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Universal Declaration Of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal Declaration of Human Rights, committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as United Nations General Assembly Resolution 217, Resolution 217 during Third session of the United Nations General Assembly, its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstentions, abstained, and two did not vote. A foundational text in the History of human rights, history of human and civil rights, the Declaration consists of 30 articles detailing an individual's "basic rights and fundamental freedoms" and affirming their universal character as inherent, inalienable, and applicable to all human beings. ...
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Article 3 Of The European Convention On Human Rights
Article 3 of the European Convention on Human Rights prohibits torture, and "inhuman or degrading treatment or punishment". An absolute right Article 3 is an absolute right. The right is unqualified and cannot be balanced against the rights and needs of other people or the greater public interest. Article 15(2) of the European Convention on Human Rights makes no provision for derogation from Article 3, even in times of war or other public emergency threatening the life of the nation. Positive obligation There is a positive obligation on states to take action to ensure that individuals are protected from torture, inhuman or degrading treatment or punishment. In the case of ''A v UK 998' the law in the United Kingdom on lawful chastisement of children was held to breach Article 3. The European Court of Human Rights (ECtHR) believed that the current law provided inadequate protection to children suffering from different types of degrading punishment. As a result, the UK amende ...
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United Nations Convention Against Torture
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention Against Torture (UNCAT)) is an international human rights treaty under the review of the United Nations that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world. The Convention requires member states to take effective measures to prevent torture in any territory under their jurisdiction, and forbids member states to transport people to any country where there is reason to believe they will be tortured. The text of the convention was adopted by the United Nations General Assembly on 10 December 1984 and, following ratification by the 20th state party, it came into force on 26 June 1987. 26 June is now recognized as the International Day in Support of Victims of Torture, in honor of the convention. Since the convention's entry into force, the absolute prohibition against torture a ...
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International Covenant On Civil And Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force 23 March 1976 after its thirty-fifth ratification or accession. , the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw. The ICCPR is considered a seminal document in the history of international law and human rights, forming part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR). Complia ...
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Equality And Human Rights Commission
The Equality and Human Rights Commission (EHRC) is a non-departmental public body in Great Britain, established by the Equality Act 2006 with effect from 1 October 2007. The Commission has responsibility for the promotion and enforcement of equality and non-discrimination laws in England, Scotland and Wales (in Scotland, together with the Scottish Commission for Human Rights). It took over the responsibilities of the Commission for Racial Equality, the Equal Opportunities Commission (United Kingdom), Equal Opportunities Commission and the Disability Rights Commission. The EHRC also has responsibility for other aspects of equality law: age, sexual orientation and religion or belief. A national human rights institutions, national human rights institution, it seeks to promote and protect human rights throughout Great Britain. The EHRC has offices in Manchester, London, Glasgow and Cardiff. It is a non-departmental public body (NDPB) sponsored by the Government Equalities Office, p ...
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Humiliation
Humiliation is the abasement of pride, which creates mortification or leads to a state of being humbled or reduced to lowliness or submission. It is an emotion felt by a person whose social status, either by force or willingly, has just decreased. It can be brought about through intimidation, physical or mental mistreatment or trickery, or by embarrassment if a person is revealed to have committed a socially or legally unacceptable act. Whereas humility can be sought alone as a means to de-emphasize the ego, humiliation must involve other person(s), though not necessarily directly or willingly. Humiliation is currently an active research topic, and is now seen as an important – and complex – core dynamic in human relationships, having implications at intrapersonal, interpersonal, institutional and international levels.Lindner, Evelin, Making Enemies: Humiliation and International Conflict. London, England: Praeger Security International, 2006. Psychological effects A ...
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Peremptory Norm
A peremptory norm (also called or ' ; Latin for "compelling law") is a fundamental principle of international law that is accepted by the international community of states as a norm from which no derogation is permitted. There is no universal agreement regarding precisely which norms are ''jus cogens'' nor how a norm reaches that status, but it is generally accepted that ''jus cogens'' bans genocide, maritime piracy, enslaving in general (i.e. slavery as well as slave trade), wars of aggression and territorial aggrandizement, torture, and refoulement. The latter two are evolving and controversial as they rest mainly on the definition of torture in regards to criminal sentencing. If sentencing is not cruel, inhuman or degrading but arbitrary or disproportionate convictions are imposed then a state's ''refoulement'' – where limited to the returning of unsubstantiated asylum claimants – may still be lawfully conducted to many such countries which are juridically develo ...
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Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention Against Torture (UNCAT)) is an international human rights treaty under the review of the United Nations that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world. The Convention requires member states to take effective measures to prevent torture in any territory under their jurisdiction, and forbids member states to transport people to any country where there is reason to believe they will be tortured. The text of the convention was adopted by the United Nations General Assembly on 10 December 1984 and, following ratification by the 20th state party, it came into force on 26 June 1987. 26 June is now recognized as the International Day in Support of Victims of Torture, in honor of the convention. Since the convention's entry into force, the absolute prohibition against torture a ...
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Human Rights Abuses
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are regarde ...
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