Cruel, inhuman or degrading treatment (CIDT) is treatment of persons which is contrary to

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 ce ...

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 ...

, but is not classified as

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 c ...

. It is forbidden by the

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 De ...

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 ...

, the

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 Nation ...

and the

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, freedo ...

. 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 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 eq ...

defines inhuman treatment as: * serious physical assault * psychological interrogation * cruel detention conditions or restraints * physical or psychological abuse in a healthcare setting * threatening to torture someone

Degrading treatment

The Equality and Human Rights Commission defines degrading treatment as undignified and

humiliating 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 decr ...

treatment. Whether treatment is considered degrading is dependent on several factors, including the duration of the treatment; physical and mental effects on the victim; and the victim's age, race, sex, and vulnerabilities.

Medical or scientific experimentation without the free consent of the subject

The

(ICCPR) in its Article 7 expressly prohibits the medical or scientific experimentation without free consent of its subject(s) and recognizes it as a particular form of torture or cruel, inhuman or degrading treatment. Moreover the Article 4.2 of the ICCPR expressly prohibits derogation from this prohibition in its Article 7 and thus is directly establishing it as

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 a ...

in this sense making the non-consensual medical or scientific experimentation potentially punishable under the provisions of national penal codes concerning the crimes of torture and cruel, inhuman or degrading treatment in all countries which are parties of the ICCPR and the

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 Nation ...

Sources

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References

{{torture-stub Human rights abuses Torture