Torture is an attack on a person’s humanity and dignity. It is a grievous violation of human rights that cannot be justified under any circumstances.
Preventing torture requires a strong legal foundation. Central to this is a clear definition of torture in international law.
The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment sets out the internationally agreed definition.
Torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”
Key elements
There are four cumulative elements in the definition of torture:
- The intentional infliction
- Of severe mental or physical suffering
- By a public official, who is directly or indirectly involved
- For a specific purpose.
Torture is always prohibited
Some human rights may be restricted under certain circumstances; for example, to protect public order. Some international treaties also provide a special ability to ‘derogate’ from certain human rights during an officially declared public emergency.
Torture, however, is absolutely prohibited and can never be justified under any circumstances. It is also guaranteed by customary international law, which applies to all States. This means that no exception or derogation to the prohibition on torture is permitted under any circumstance, even a state of war, the threat of war, internal political instability or public emergency.
In some cases, a broader definition of torture, covering a wider range of situations, may apply under another regional or national law. When a broader definition applies, the Convention’s definition cannot be used to narrow it.
Gender dimensions of torture
Societal norms, discriminatory laws and systematic impunity are some of the deep-rooted factors that contribute to women and LGBTI+ persons being at risk of torture and ill-treatment. Offences that solely or disproportionately affect women, girls and LGBTI+ persons perpetuate discrimination and risks of harm. Patterns of violence and discrimination can also prevent women and LGBTI persons from accessing justice and add to heightened risk when they are deprived of liberty.