Convention against Torture
Around the world and around the clock, human rights violations seem to never cease. In particular, torture violations are still rampant all over the world. One regime, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, establishes a strong elaboration of norms against torture. Despite its efforts, many countries still outright reject its policies against torture while other countries openly accept them, but surreptitiously still violate them. The US, Israel, and Saudi Arabia all have failed to end torture despite accepting the provisions of the Convention.
Israel has used torture since at least the 1970's. It was not till 1991 that Israel ratified the Convention against Torture. It however did not accept the provisions of articles 21 and 22. Their acceptance lead to many improvements in human rights. In fact after a supreme court ruling in 1999 all torture was deemed illegal, even moderate physical pressure. This was a major step for human right organizations, and was praised. The convention against torture along with NGO's such as Amnesty international continue to express concerns to Israel about treatment which amounts to torture and is still unhappy with the situation in Israel. Supposedly in 1999 when Israel banned a number of interrogation methods it left loopholes by which methods amounting to torture may still continue. The main targets for torture in Israel are obviously the Palestinian detainees which 85% of are tortured. Some methods included prolonged sleep deprivation, toilet and hygiene deprivation, beatings, acts such as forcing detainees to eat and use the toilet at the same time, and electric shock. Despite the media coverage given to Israel by the convention against torture, there is still a significant amount of torture going on and since no legal steps have been taken to implement domestically the Convention against Torture, the convention does not form part of the...
...a) Outline the nature of the violation
Torture is a serious humanrights violation and is strictly prohibited by international law however it still does continue in majority of the countries around the world. Torture is an act of deliberately inflicting severe pain on someone without any legal causes. Torture is not only physical pain but also includes the act of causing mental pain as well such as threats to family or loved ones. Torture has been used as a punishment to intimidate or control a person. The term torture includes a variety of methods such as severe beatings, electric shock, sexual abuse and rape, hard labour, near suffocation etc. Torture is considered a violation of humanrights under Article 5 of the UN UDHR which states ‘No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment’.
A location in which torture occurs is Guantanamo Bay detention camp (GTMO) in Cuba. GTMO is a detainment and detention facility of the United States located within Guantanamo Bay Naval Base. The facility was established by the Bush administration to hold detainees from the war in Afghanistan and later in Iraq. It is operated by the Joint Task Force Guantanamo of the United States government in Guantanamo Bay Naval Base, which is on the shore of Guantánamo Bay. A few...
...HumanRights Study Questions
1. Under the heading “Labour Rights as HumanRights” on page 134 of reading 1 (“Labour Rights as HumanRights in the Age of Globalization”), the authors assert that “there are two principal manners to conceive of labour rights.” In the two paragraphs which immediately follow that statement, the authors list differentrights that are encompassed under each of these two approaches. Please identify FOUR kinds of labour rights emphasized under the first approach, and FOUR kinds of labour rights included under the second approach. (W1)
First Principle: Labour rights are often depicted as a subset of the body of civil rights and political freedoms. The state’s role in defending worker’s rights, but workers also need to be protected from the limits of that state. Labour rights are understood by comprising: i) freedom of association ii) freedom from sexual harassment iii) “ discrimination iv) right to human dignity Second Principle: A broader outlook on labour rights. Relies on the state, but also on an active role on the part of the citizenry to advance those entitlements. Based on economic, social and cultural rights. i) the right to work ii) the...
...THE HUMANRIGHTS ISSUE OF GUANTANAMO BAY
Humanrights are the rights that everybody inherently possess. These rights are
protected by various legal principals such as the rules of law and ensure the dignity of
all people. However, humanrights are being violated by countries all over the world,
even by countries such as the United States who have the national strategy. It has been
breaching international covenants and conventions on humanrights with their terrorist
detention camp at Guantanamo Bay.
Guantanamo Bay is an American Navel base used to permanently incapacitate
approximately 660 detainees from 40 nations, including children. Because the base is
located on Cuban territory, the prisoners are not protected by the American constitution
or judiciary “ it is the obligation of the Judicial Branch to make sure the preservation of
our constitutional values”. These prisoners are held at the detention center in “ legal
limbo, with no access to lawyers or families”. And they are kept to isolate for 24 hours
a day, little outdoor exercise and there was no interaction with other prisoners. Badly,
prisoners are interrogated for long hours at...
...The Rights of a Prisoner
Societies over time have defined humanrights through a variety of documents that have sought to protect the rights of people. The Geneva Convention is an example of these documents. These documents not only firmly establish rights, but also ensure that countries that adopt these laws are responsible for ensuring rights are respected and followed. Unfortunately, not all governments obey these documents. In the case where war occurs, the Geneva Convention has been especially disregarded and ignored. As a result, agencies such as Amnesty International have stepped in to fight for those prisoners whose rights have been broken. Amnesty International has become one of the most successful agencies, freeing and helping thousands of people who have been imprisoned unfairly. The rights for different kinds of prisoners in different countries are still being debated to this day. These prisoners include prisoners in detention centers and prisoners of conscience.
Some people think that someone who has infringed on other’s humanrights should not have valid rights themselves. Despite this, prisoners are allowed rights, such as conditions of confinement, limited privacy, safety from other prisoners, food and water and medical attention if necessary. Many prisons still deny one or more of...
...Torture: Controversy and the fine line between right and wrong
Ever since September 11 attacks and the subsequent War on Terror and the wars in Afghanistan and Iraq, there seems to be an ongoing debate in American society about the acceptability of torture as means of extracting information, occasionally rekindled by scandals such as Guantanamo or Abu Ghraib. We have seen a disturbing rise in public argumentation in favor of torture, frequently mentioning the so-called “ticking bomb scenario”, in which torture is seen as the lesser of two evils when weighed against thousands or millions of lives that information obtained from the tortured prisoner could save. The never-ending debate about the likelihood of such a scenario aside, use of torture in interrogation is impermissible because it is unethical and inhumane, it is against US laws as well as international conventions the US is a signatory of, and it goes against fundamental values the US was built on.
Psychologists Julio Arenas and Stine Amris (2004), the authors of a study about the rehabilitation of torture victims, define torture as “the infliction of severe pain (whether physical or psychological) by a perpetrator who acts purposefully and on behalf of the state". Torture seems to be universally regarded as inherently unethical and inhumane. Even the most hardcore propagators of this...
...Terrorism and HumanRights
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COUNTER-TERRORISM & HUMANRIGHTS
The duty to comply with HumanRights while countering terrorism
Since the end of the Second World War, and the Cold War, terrorism has been one of the main issues of the international community. Not only has terrorism been perceived as a threat to the peace and the security, but also, an aggression of the fundamental rights and to the democracy.
Following the 9/11 attacks, which have shaken the civilized world to its core foundations, the fight against terrorism became even more significant. The Security Council, in 2001, has adopted the Resolution 13731 (which is indicative of the importance of this issue). This resolution constitutes a general framework of the international campaign against terrorism, by defining all the measures that can actually be done to fight against it and by declaring the necessity to fight against terrorism by all “legal” mean. Therefore, the Security Council Counter-Terrorism Committee has also been established2. De facto, with a general framework and an institutional framework, nothing could possibly prevent States in fighting terrorism under the aegis of the United Nations. However, if the Resolution claims to fight against terrorism, it does not define it, which is not surprising knowing that before the resolution,...
...The United States government has broken its long lasting tradition of protecting humanrights by allowing the mistreatment of prisoners at the Guantanamo bay prison on the island of Cuba. America has always symbolized a nation that promotes and protects humanrights and always stood as a symbol of democracy for the rest of the world. However, the long standing tradition of obeying the values instituted by the Constitution and the Bill of Rights has been reversed by Guantanamo Bay. The humanrights that the United States stands for have not been provided for the detainees at Guantanamo and the sheer existence of the Guantanamo Bay camp contradicts most values and beliefs put forth by the U.S. government, thereby steadily decreasing people’s trust in the word of politicians. The actions at Guantanamo have entailed a negative image towards the United States and a world view that is contrary to the long lasting symbol the United States has stood for. Therefore, closing down Guantanamo Bay Prison will efficiently correct the governments' wrongdoing and greatly improve the view of other nations toward the United States.
Despite ongoing media coverage, the Guantanamo Bay prison remains a fairly unfamiliar topic to most people. Society is not familiar with the identity of the prisoners, their wrongdoing, the charges against them, or the possibility of a release. The lack of...
Analysis of Torture
In analyzing whether torturing and enemy combatant or high–value targets are moral efforts in an American free society, one could look at the war on terrorism as an basis of it being moral or not. The act of torturing a person to get information that will help the good of the country is a thin line and could be seen as a moral act in some people eyes or not. Torturing a person is inflicting injury on a person against his will and is sometimes overlooked if the reason for the torture is justified.
Although torture is an inhumane act sometimes it can be acceptable in order to attain information that will help a country of people compared to a single or group of people that are trying to cause harm against a host of people for the good of mankind. The ethical theory of utilitarianism justifies these issues as stated in the book “Ethics in Criminal Justice, In Search of the Truth” which reveals that “ethical actions as those that tend to maximize happiness and minimize pain, for the greater of happiness, the greater the moral value of the act”(Souryal, Sam, 2007). Therefore the utilitarianism theory justifies that act of torture if it is for the greater of happiness, and it makes the act of torture moral because it is for the good of mankind....