What is the right to freedom from torture and cruel, inhuman, or degrading treatment or punishment?

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What is the right to freedom from torture and cruel, inhuman, or degrading treatment or punishment?

The right to freedom from torture and cruel, inhuman, or degrading treatment or punishment is a fundamental human right recognized and protected by the Universal Declaration of Human Rights (UDHR). This right, outlined in Article 5 of the UDHR, asserts that no one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.

This right emphasizes the inherent dignity and worth of every individual, regardless of their race, gender, nationality, or any other characteristic. It prohibits any form of physical or mental abuse, including torture, cruel treatment, or punishment that goes against the principles of humanity.

Torture refers to the intentional infliction of severe physical or mental pain or suffering by a state or non-state actor for purposes such as obtaining information, punishment, intimidation, or discrimination. It is considered a grave violation of human rights and is strictly prohibited under international law.

Cruel, inhuman, or degrading treatment or punishment encompasses a broader range of actions that cause physical or mental harm, humiliation, or degradation. This can include practices such as corporal punishment, degrading prison conditions, or any treatment that undermines an individual's dignity and well-being.

The right to freedom from torture and cruel, inhuman, or degrading treatment or punishment is absolute and non-derogable, meaning it cannot be suspended or limited under any circumstances, even during times of war, emergency, or public threat. It reflects the international community's commitment to upholding human dignity and ensuring the protection of individuals from any form of abuse or mistreatment.

States have the responsibility to prevent, investigate, and punish any acts of torture or cruel, inhuman, or degrading treatment or punishment within their jurisdiction. They are also obligated to provide victims with effective remedies, including compensation, rehabilitation, and guarantees of non-repetition.

Overall, the right to freedom from torture and cruel, inhuman, or degrading treatment or punishment is a cornerstone of human rights, aiming to safeguard the physical and psychological integrity of every individual and promote a just and humane society.