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Advancing the Human Right to Health$
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José M. Zuniga, Stephen P. Marks, and Lawrence O. Gostin

Print publication date: 2013

Print ISBN-13: 9780199661619

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199661619.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 October 2021

Combating torture and other ill-treatment

Combating torture and other ill-treatment

(p.357) Chapter 25 Combating torture and other ill-treatment
Advancing the Human Right to Health

Michael Bochenek

Oxford University Press

This chapter first reviews the international prohibition of torture and other forms of cruel, inhuman, and degrading treatment or punishment, examining the sources of the international prohibition, the definition set forth in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the interpretations of the elements of torture by international and regional courts and other authorities, and the absolute nature of the prohibition. The second section examines policing and detention practices, circumstances where Amnesty International frequently encounters evidence of torture. The third section examines acts of torture and ill-treatment systematically perpetrated by the United States and other governments after the attacks of 11 September 2001. The fourth section discusses other forms of ill-treatment that do not necessarily meet the definition of torture but are also common in places of detention. The fifth section discusses legal prohibitions on particular forms of medical care, so that the physician who provides the care risks imprisonment, substantial fines, or the loss of his or her livelihood. The chapter closes by summarizing the policy steps that States should take to prevent torture and other forms of ill-treatment and to address these human rights violations when they do occur.

Keywords:   human rights violations, torture, policing, detention, amnesty international, medical care

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