Defining Threshold Between Torture and Inhuman or Degrading Treatment

1 Baku St. U. L.Rev. 44 (2015)
Article language: English.

“Everyone has the right to have his physical, mental, and moral integrity respected and not to be exposed to torture, inhuman or degrading treatment” – this is one of the main provisions of the international conventions, covenants or other treaties regarding human rights.  Prohibition of torture is one of the fundamental rights, which cannot be derogated in any cases and should always be respected. But the definition and distinction of torture and inhumane or degrading treatment is one of the most crucial issues in the sphere of human rights law which causes major debates and discussions. Although regional and universal legal documents prohibit torture, or cruel, inhuman and degrading treatment and punishment, none of them has defined the borders between these terms: torture and inhumane or degrading treatment. In this article, I will try to generalize some ideas in regard to this issue.

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