Freedom from torture or cruel, inhuman or degrading treatment or punishment
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his or her free consent to medical or scientific experimentation.
State Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment. (Article 15)
Obligations
This article prohibits torture and cruel, inhuman or degrading treatment. It also prohibits medical and scientific experimentation without consent. The first paragraph of the article is a simple restatement of the prohibition provided in article 7 of the International Covenant on Civil and Political Rights. However, the second paragraph imposes an obligation on State Parties to take all effective measures to prevent persons with disability from being subjected torture or cruel, inhuman or degrading treatment or punishment. Arguably, this second paragraph transforms the article from one of non-interference to a positive duty to protect persons with disability from torture, or cruel, inhuman or degrading treatment or punishment. In its general commentary on Article 7 of the International Covenant on Civil and Political Rights, the Human Rights Committee notes that the prohibition on torture and cruel, inhuman and degrading treatment relates not only to acts that cause physical pain but also to acts that cause mental suffering. The Committee also notes that torture, or cruel, inhuman and degrading treatment and punishment may include corporal punishment, excessive chastisement, and prolonged solitary confinement.
Indicators
• Persons with disability are effectively protected from torture, and from cruel, inhuman, and degrading treatment.
• Persons with disability are not subject to medical or scientific experimentation without their consent.
• Persons with disability are subject to special protection from medical and scientific experimentation.
• All effective measures are taken to protect persons with disability from torture, and from cruel, inhuman and degrading treatment.
Example
The right to freedom from torture or cruel, inhuman or degrading treatment or punishment will be particularly relevant to people who through their work are involved in:
• Working with people who are in detention or reside at any site for which the government is responsible, such as a hospital or mental health service
• Working with clients who use mental or other health services, or who are the subject of a guardianship order