Secretariat for Legal Affairs, April 28, 2014

Right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment

UN Convention on Persons with Disabilities1 CAJP/GT/DHPM-37/12 add. 28 Article 15 Article 9 Freedom from torture or cruel, inhuman or degrading treatment or punishment Right not to be subjected to torture 1. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or or to cruel, inhuman or degrading punishment. In particular, no one shall be subjected without his or her free consent to treatment or punishment medical or scientific experimentation. Older persons have the right not to be 2. States Parties shall take all effective legislative, administrative, judicial or other measures subjected to torture or other cruel, to prevent persons with disabilities, on an equal basis with others, from being subjected to inhuman or degrading treatment or torture or cruel, inhuman or degrading treatment or punishment. punishment. In particular, no older Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or person shall be subjected to medical or Punishment2 scientific experiments without his prior Article 1 and informed consent. 1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such [COL: Older persons have the right not purposes as obtaining from him or a third person information or a confession, punishing him to be subjected to torture or other cruel, for an act he or a third person has committed or is suspected of having committed, or inhuman or degrading treatment or intimidating or coercing him or a third person, or for any reason based on discrimination of punishment.] 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 States Parties shall take all measures does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. of a legislative, administrative, judicial, 2. This article is without prejudice to any international instrument or national legislation which or other nature to prevent older persons does or may contain provisions of wider application. from being subjected to torture or other Article 2 cruel, inhuman, or degrading treatment 1. Each State Party shall take effective legislative, administrative, judicial or other measures or punishment. [COL suggests deleting to prevent acts of torture in any territory under its jurisdiction. this as it is contained in Article 1 bis.] Inter-American Convention to Prevent and Punish Torture3 Article 1 States Parties shall take measures to The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention. eradicate practices that contravene this Article 2 Convention, including isolation, tying For the purposes of this Convention, torture shall be understood to be any act intentionally down, overcrowding; malnutrition; performed whereby physical or mental pain or suffering is inflicted on a person for purposes infantilization, inadequate or of criminal investigation, as a means of intimidation, as personal punishment, as a disproportional medical treatments and preventive measure, as a penalty, or for any other purpose. Torture shall also be understood other practices that constitute cruel, to be the use of methods upon a person intended to obliterate the personality of the victim or inhuman, or degrading practices to to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish. which older persons are subjected. The concept of torture shall not include physical or mental pain or suffering that is inherent in or solely the consequence of lawful measures, provided that they do not include the [States Parties shall take measures to performance of the acts or use of the methods referred to in this article. [ECU: prevent, punish, and ] eradicate Article 3 practices that [COL: contravene this The following shall be held guilty of the crime of torture: Convention [ECU: suggests keeping a. A public servant or employee who acting in that capacity orders, instigates or induces this]],[COL: such as, including] isolation; the use of torture, or who directly commits it or who, being able to prevent it, fails to do [ECU: abandonment,] tying down, so. overcrowding; expulsion [COL: from b. A person who at the instigation of a public servant or employee mentioned in the community]; malnutrition; subparagraph (a) orders, instigates or induces the use of torture, directly commits it or is infantilization, inadequate or an accomplice thereto. disproportional medical treatments and

1 25 OAS member states have ratified or acceded to the UN Convention on Persons with Disabilities: Argentina, Barbados, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Dominica, Dominican Republic, Ecuador, El Salvador, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, St. Vincent and the Grenadines, and Uruguay. 7 member states have signed the treaty: Antigua & Barbuda, Bahamas, Grenada, Guyana, St. Lucia, Trinidad & Tobago, and USA. The treaty entered into force on May 8, 2008. 2 24 OAS member states have ratified or acceded to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: Antigua & Barbuda, Argentina, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Guyana, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, St. Vicent & the Grenadinas, Uruguay, USA, and Venezuela. 2 member states have signed the Convention: Bahamas and Haiti. The treaty entered into force on June 26, 1987. 3 18 OAS member states have ratified or acceded to the Inter-American Convention to Prevent and Punish Torture: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname, Uruguay, and Venezuela. 2 OAS member states have signed the Convention: Haiti and Honduras. The treaty entered into force on February 28, 1987. American Convention on Human Rights "Pact of San Jose"4 other practices [COL: that jeopardize Article 5 the safety and integrity of older Right to Humane Treatment persons] [COL: that constitute cruel, 1. Every person has the right to have his physical, mental, and moral integrity respected. inhuman, or degrading practices to 2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment which older persons are subjected.] or treatment. All persons deprived of their liberty shall be treated with respect for the [COL suggests moving this paragraph inherent dignity of the human person. to Article 8 or 10bis] [PER: suggests 3. Punishment shall not be extended to any person other than the criminal. moving it to Article 5] [CHL: suggests 4. Accused persons shall, save in exceptional circumstances, be segregated from convicted moving it to Article 5 or Article 8] persons, and shall be subject to separate treatment appropriate to their status as unconvicted persons. 5. Minors while subject to criminal proceedings shall be separated from adults and brought before specialized tribunals, as speedily as possible, so that they may be treated in accordance with their status as minors. 6. Punishments consisting of deprivation of liberty shall have as an essential aim the reform and social readaptation of the prisoners.

Universal Declaration of Human Rights Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

4 23 OAS member states have ratified or acceded to the American Convention on Human Rights "Pact of San Jose": Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname, and Uruguay. Trinidad & Tobago and Venezuela have denounced the Convention in 1998 and 2012, respectively. The USA signed the Convention in 1977. The treaty entered into force in November, 1969.