Considering that, in accordance with the principles proclaimed in the charter of the united nations, recognition of the. Cat is codified in article 3 of the united nations convention against torture and other cruel, inhuman, or degrading treatment or punishment. The main objective of the convention is to lay down obligations on states parties to establish and exercise jurisdiction over the. The united nations convention against torture and other cruel. A handbook on the convention and other cruel, inhuman or degrading treatment or punishment. Convention against torture houston immigration lawyers. The united nations committee against torture is responsible for monitoring the compliance of states with their duties under the convention against torture and other cruel, inhuman or degrading treatment or punishment henceforth referred to as the convention. The convention against torture, otherwise referred to as cat, is a special form of protection given to individuals who cannot return to their country because he or she would be in danger of torture. Compliance with the convention against torture and other. The convention against torture is the most important international human rights treaty that deals exclusively with torture. The convention obligates countries who have signed the treaty to prohibit and prevent torture and cruel, inhuman or degrading treatment or punishment in all circumstances. The prohibition of torture the right to physical and mental integrity is guaranteed in the strongest terms under international law.
The convention was adopted by the general assembly of the united nations on 10. Optional protocol to the convention against torture united nations. The ct also notes the applicability of other international instruments, including the interamerican convention against torture. The united states appeared wednesday, may 10 in front of the united nations convention against torture in geneva in its first appearance before the. The state responded by setting up an internal investigations bureau to investigate reports of illtreatment. The united nations convention against torture and other cruel, inhuman. The subcommittee on prevention and the states parties shall cooperate in the implementation of the present protocol. The convention defines torture and specifies that states parties must prohibit torture in all circumstances. The united nations convention against torture uncat is the only legally binding convention at the universal level concerned exclusively with the eradication of torture. How to apply for convention against torture protection by dagmar r. In 2000 the committee had urged the state to incorporate the definition of torture contained in. Adopted by the general assembly of the united nations on 10 december 1984 85 no.
Cases that cite to the convention against torture in. United states of america violations of article 3 and 16. The united nations convention against torture a commentary manfred nowak and elizabeth mcarthur oxford commentaries on international law. The duty of states parties to the convention against torture to. The united nations convention against torture and other.
Broadly following the declaration, the convention against torture prohibited torture under all circumstances. Offers thorough articlebyarticle commentary with historical context and analysis of relevant caselaw from monitoring bodies. The united nations convention against torture and other cruel, inhuman or degrading treatment or punishment convention against torture was adopted in 1984 and entered into force in 1987. Convention against torture next generation treaty that. The convention against torture and other cruel, inhuman or degrading treatment or punishment, adopted by unanimous agreement of the united nations general assembly on december 10, 1984, and signed by the united states on april 18, 1988. Convention against torture and other cruel, inhuman or degrading treatment or punishment o ii. An analysis of the 1984 draft convention against torture. The states parties to this convention, considering that, in accordance with the principles proclaimed in the charter of the united nations, recognition of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. The convention against torture and other cruel, inhuman or degrading treatment or punishment the torture convention was adopted by the general assembly of the united nations on 10 december 1984 resolution 3946. How to apply for convention against torture protection nolo. The united nations convention against torture and its optional protocol. Convention against torture how is convention against. Manual on the effective investigation and documentation of torture and other cruel. The convention entered into force on 26 june 1987 after it had been ratified by 20 states.
The convention against torture and other cruel, inhuman or degrading treatment or punishment is an international human rights treaty, under the. Chapter i by nigel cantwell, gives the reader an introductory look at the drafting process of the convention within the context of the united nations. Convention against torture and other cruel, inhuman or. United nations basic principles and guidelines on the right to a remedy and reparations. United nations convention against torture wikipedia.
Convention as the legal basis for extradition in respect of such offenses. Convention against torture cat, but theres not much cause for celebration. Implementation of the convention against torture in the united states. An optional protocol to the torture convention was adopted by the general assembly of the united nations on 18. One hundred and thirty states were party to the convention by august 2002. I hereinafter cited as draft convention against torture. Torture is a particularly serious violation of human rights and, as such, is strictly condemned by international law and, in particular, by the universal declaration of human rights, article 5, which states that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. December 1984 resolution 3946 and entered into force on 26. Many countries around the world have ratified the convention, including the uk in 1988. States which have ratified the convention against torture and made declaration, under article 22, that they agree to allow individual complaints to the committee against torture algeria argentina austria canada denmark ecuador finland france greece hungary italy liechtenstein luxembourg. How effective is the united nations committee against torture.
Convention against torture and other cruel, inhuman or degrading treatment or punishment. The definitions in this subsection incorporate the definition of torture contained in article 1 of the convention against torture, subject to the reservations, understandings, declarations, and provisos contained in the united states senate resolution of ratification of the convention. List of states which have signed or ratified the convention against torture and other. The convention against torture and other cruel, inhuman or degrading treatment or punishment 1984 was a culmination of efforts put into motion by the 1975 declaration. The convention against torture is the most comprehensive international treaty dealing with torture. Convention against torture and other cruel, inhuman or degrading treatment or punishment adopted and opened for signature, ratification and accession by general assembly resolution 3946 of 10 december 1984 entry into force 26 june 1987, in accordance with article 27. Section 2 engaging with the committee against torture. The advocates for human rights the advocates is a volunteerbased nongovernmental organization committed to the impartial promotion and protection of international human rights standards and the rule of law. Convention against torture and other cruel, inhuman or degrading treatment or punishment commentary.
The convention against torture essay 1122 words bartleby. Army field manual restrictions on cruel, inhuman, and degrading treatment. Against torture the committee the body which leads. Considering that, in accordance with the principles proclaimed in the charter of the united.
Vi united nationstreaty series nations uniesrecueil des traits 1987 page no. Considering that, in accordance with the principles proclaimed in the charter of the united nations. The united nations convention against torture and other cruel, inhuman, or degrading. The convention is an international legal agreement that aims to tackle and prevent the use of torture and other forms of cruel, inhuman or degrading treatment or punishment. The committee also had before it a report of the committee against torture document a6444, which is mandated by the united nations torture convention to examine reports of.
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