How to apply for convention against torture protection by dagmar r. The main objective of the convention is to lay down obligations on states parties to establish and exercise jurisdiction over the crime of torture. Therefore, prevention is needed everywhere and at all times. Offers thorough articlebyarticle commentary with historical context and analysis of relevant caselaw from monitoring bodies, and international, regional, and domestic courts.
The united nations convention against torture manfred nowak. The convention entered into force on 26 june 1987, in accordance with its article 27, paragraph 1, following the deposit of the twentieth instrument of ratification. Adopted by the general assembly of the united nations on 10 december. Optional protocol to the convention against torture and other. A handbook on the convention against torture and other cruel, inhuman, or degrading treatment or punishment volume 9 of international studies in human rights. The united nations convention against torture and its optional protocol. The drafting history of article 2 of the convention against torture. 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 nolo.
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. International convention on the elimination of all forms of racial discrimination, the convention on the elimination of all forms of discrimination against women, the convention against torture. Convention against torture next generation treaty that. Convention against torture and other cruel, inhuman or.
This short video explains what the opcat is all about. Relief under cat relief under the convention against torture cat is the third form of relief an individual fearing persecution can seek. The interamerican convention to prevent and punish torture iacppt is an international human rights instrument, created in 1985 within the western hemisphere organization of american states and intended to prevent torture and other similar activities. At the end of this process, the committee will make recommendations to the uk and devolved governments setting out the actions they need to take to comply with the convention. 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. Her career includes work for the united nations, us congress, oxfords global.
It is designed to be used by lawyers and activists in assessing potential cases, and in preparing individual communicationsclaims regarding individual cases to the united nations human rights committee and the united nations committee against torture. Oct 21, 2014 tuesday marked the 20 th anniversary of the u. The united nations convention against torture a commentary manfred nowak and elizabeth mcarthur oxford commentaries on international law. 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. Convention against torture united nations office of legal. United nations audiovisual library of international law. 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 1 the states parties to this convention. Arabic, chinese, english, french, russian and spanish. The convention was established to make more effective the struggle against torture and other cruel, inhuman, or degrading treatment throughout the world. Drafting complaints to the united nations human rights. The convention against torture essay 1122 words bartleby. 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.
Protocol is available for signature, ratification and accession as from. 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. Cat is codified in article 3 of the united nations convention against torture and other cruel, inhuman, or degrading treatment or punishment. For the purposes of this convention, the term torture means any act by which. Protocol to the convention against torture and other cruel, inhuman or degrading. Therefore, combining two mandates, although preventive, at the regional.
Adopted by the general assembly of the united nations on 10 decem ber 1984 authentic texts. Analysis on the impact of austerity and the prohibition. Convention against torture cat, but theres not much cause for celebration. The convention against torture and other cruel, inhuman or.
Pdf this paper addresses a puzzle discovered by hathaway 2002, 2003a,b. Convention against torture and other cruel, inhuman or degrading. Like withholding of removal, it can only be granted by an immigration judge ij, and not by an asylum officer. The provisions of this convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or which relates to extradition or expulsion. Office of the united nations high commissioner for human rights. The committee, on 22 october 1974, adopted a draft resolution on torture or other cruel, inhuman or degrading treatment or punishment in. United nations convention against torture wikipedia. Convention against torture and other cruel, inhuman or degrading treatment or punish ment. How effective is the united nations committee against torture. 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.
Is still violating the antitorture treaty it signed. Optional protocol to the convention against torture and other cruel, inhuman or degrading treatment or punishment adopted on 18 december 2002 at the fiftyseventh session of the general assembly of the united nations by resolution ares57199. 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 the torture convention was adopted by the general assembly of the united nations on 10 december 1984 resolution 3946. Oct 20, 2009 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 torture being. The convention against torture is the most comprehensive international treaty dealing with torture.
Convention on the rights of persons with disabilities and. As per article 5 of the cat, a law against torture or an amendment to a law, incorporating antitorture legislation, will also extend to any territory in which the armed forces special special. Edited by manfred nowak, moritz birk, and giuliana. 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. Cat 55th session 27 july 2015 14 august 2015 10 december 2014 30th anniversary of the convention against torture, 19842014 webcast 1st session of the cat, april 1988. We want to ensure that a wide range of civil society organisations engage in this.
The committee against torture cat is a body of human rights experts that monitors implementation of the united nations convention against torture by state parties. Convention against torture united nations office of. Interamerican convention to prevent and punish torture. The joint committee on human rights is appointed by the house of lords and. The convention against torture is the most important international human rights treaty that deals exclusively with torture. The united nations convention against torture and its optional.
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