Part III Civil and Political Rights, 9 Freedom from Torture and Rights to Humane Treatment—Articles 7 and 10
From: The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary (3rd Edition)
Sarah Joseph, Melissa Castan
- Torture — International criminal law, evidence — Detention — Crimes against humanity — Women, rights — Capital punishment — Expulsion — Access to information — Rights of persons deprived of their liberty — Disappearances
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation. [9.01] Article 7 prohibits torture and inhuman and degrading treatment, and punishment. It is one of the few absolute rights in the ICCPR; no restrictions are permitted. Furthermore, it is a non-derogable right. Article 7 prohibits three levels of ‘bad’ treatment or punishment of a person. The prohibition on heinous ‘treatment’ is broader than the prohibition on...