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Part III Substantive Guarantees, 10 Protection of Human Integrity: Prohibition of Torture and of Enforced Disappearance

From: The Law of International Human Rights Protection (2nd Edition)

Walter Kälin, Jörg Künzli

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 July 2024

Torture — Disappearances

This chapter discusses the prohibition of torture and inhuman or degrading treatment or punishment and the prohibition of enforced disappearance of persons. International human rights treaties contain a range of guarantees designed to safeguard the individual's physical and mental integrity. The prohibition of torture and inhuman or degrading treatment or punishment proscribes serious interference with a person's physical or mental integrity that can negate the very basis of human dignity by traumatizing its victim. Thus, the ban on torture occupies a special position in international human rights law and has the status of an absolute and non-derogable norm in all treaties. A particularly offensive form of cruelty is the widespread practice of enforced disappearance, i.e. deprivation of a person's liberty by or with the knowledge of state agents while denying that the person is in their custody. This crime not only breaches the prohibition of inhuman treatment but grossly violates or threatens other fundamental human rights.

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