Cruel, inhuman or degrading treatment (CIDT) is treatment of persons which is contrary to
human rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
or
dignity
Dignity is a human's contentment attained by satisfying physiological needs and a need in development. The content of contemporary dignity is derived in the new natural law theory as a distinct human good.
As an extension of the Enlightenment- ...
, but is not classified as
torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...
. 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 D ...
,
Article 3 of the European Convention on Human Rights, the
United Nations Convention against Torture 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, freedom ...
. Although a distinction between torture and CIDT is maintained from a legal point of view, medical and psychological studies have found that this distinction is virtually nonexistent from a psychological point of view, and that people subjected to CIDT 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 e ...
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 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
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 ...
(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 ) 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 w ...
. This makes 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, and this in all countries which are parties of the ICCPR and the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
See Also
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Cruel and unusual punishment
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdi ...
Sources
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References
{{torture-stub
Human rights abuses
Torture