Treaty

Key Provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

The purpose of the Convention is to affirm the right of every person not to be “subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

The preambular paragraphs of the Convention recall relevant parts of the UN Charter, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the 1975 Declaration against Torture, in order to affirm the equal and inalienable rights of all members of the human family, and the inherent dignity of the human person, as well as provisions that specifically provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Accordingly, State parties “shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.”

Some of the obligations of State parties include:

  • Outlawing torture or other cruel treatment in all circumstances, and punishing acts of torture with appropriate penalties;
  • Prohibiting their nationals from engaging in torture within territories not under their jurisdiction.
  • Ensuring that education and information regarding the prohibition against torture are included in the training of public officials involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.
  • Ensuring that their legal systems provide victims of torture [with] the ability to obtain civil redress in the form of fair and adequate compensation including the means for as full rehabilitation as possible.
  • Submitting a report to the committee detailing the “measures it has taken to give effect to the provisions of CAT [within a year of ratification], as well as supplementary reports every four years on any new measures taken, in addition to any other reports the Committee may request.”