Torture, or cruel and degrading treatment is prohibited.
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Lucía Serra Fisassays
Following of what Ena states, I would like to see this article more developed in order for it to be crystal clear what torture is considered to be, for there to be no grey areas in the article, as well as mentioning the more vulnerable groups that are most targeted by these kinds of torture and cruel actions. For example including part of Article 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which states “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.” This is not the only definition, but it would be interesting to see Article 8 more developed.
I would recommend, in matter of physical integrity in situations of violence against women and the LGTB+ collective, to establish an operational system (such as a mobile APP), focusing on the prevention of assaults / abuses, ( apart of focusing on the perpetrator being held accountable). Feeling physically threatened by your aggressor appearing intentionally nearby is the beginning of the violation of the right of physical integrity. This would be a more efficient method to enforce measures such as restraining orders.
“Or” is the key word in Article 8. This will be an important article in the future judicial interpretation of IBOR. A “margin of appreciation” will be needed.
Following of what Ena states, I would like to see this article more developed in order for it to be crystal clear what torture is considered to be, for there to be no grey areas in the article, as well as mentioning the more vulnerable groups that are most targeted by these kinds of torture and cruel actions. For example including part of Article 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which states “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.” This is not the only definition, but it would be interesting to see Article 8 more developed.
I would recommend, in matter of physical integrity in situations of violence against women and the LGTB+ collective, to establish an operational system (such as a mobile APP), focusing on the prevention of assaults / abuses, ( apart of focusing on the perpetrator being held accountable). Feeling physically threatened by your aggressor appearing intentionally nearby is the beginning of the violation of the right of physical integrity. This would be a more efficient method to enforce measures such as restraining orders.
This is a good point on policy and within the intent of the Article. Were there a proper showing, a court could impose measures such as these.
Thanks.
“Or” is the key word in Article 8. This will be an important article in the future judicial interpretation of IBOR. A “margin of appreciation” will be needed.