Explaining the fifth article of the Universal Declaration of Human Rights
As with some of the other articles, Article 5 of the Universal Declaration of Human Rights is focused on not inflicting harm on any human beings.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
What is torture?
In 1984, the United Nations’ Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) defined torture as such:
“Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person” in order to obtain information or confession, punish, intimidate, coerce, or “for any reason based on discrimination of any kind,” when such pain and suffering in inflicted by, instigated by, or inflicted with the consent of someone official.
Other acts which are not severe enough to qualify as torture but still inflict pain or suffering are classified as cruel, inhuman, or degrading treatment or punishment, and they are similarly banned by the UNCAT.
When is torture banned?
The short answer: always.
“No exceptional circumstances whatsoever” may be used to justify torture. No public emergency, terrorism, war, or threat thereof can excuse the use of torture. No subordinate who commits acts of torture under orders can be excused of their responsibility for said actions because they were “just following orders.”
Parties of the UNCAT are also required to take effective action to prevent torture anywhere in their jurisdiction, including areas outside their borders, such as embassies or military bases.
Further, the UNCAT prohibits sending any person to a place where “there are substantial grounds for believing that he would be in danger of being subjected to torture.”
Despite this, studies by Amnesty International tell us this:
Torture Today
Just this week, Human Rights Watch brought to light the reality of child torture occurring in Iraq right now.
The Iraqi and Kurdish Regional Governments have arrested thousands of children suspected of ISIS membership. Hundreds have been convicted of terrorism based on forced confessions obtained through torture. There is often little or no evidence against the children who are apprehended, or they were named by other “suspects” under torture.
While detained, these children have little to no contact with their families. Those who are released have to fear revenge attacks because the arrests branded them as ISIS. For some, they cannot return home or see their families because of the danger.
Since 2014, ISIS has recruited thousands of children in Iraq, some by force. Others joined because of peer or family pressure, or financial need. As children involved in armed conflict, as child soldiers, they are considered victims of human trafficking. As such, they are entitled to rehabilitation and reintegration, not torture and prison.
Watch this video to learn more. Warning: descriptions of torture may be disturbing.
No torture. Ever. Not even in war or terrorist situations.
The majority of countries have signed the UN Convention against Torture, but less than 100 of them are actually abiding by it. We can do better.
Comments