The concept of Torture and other forms of Cruel, Inhuman or Degrading Treatment: Study on the Jurisprudence of International Oversight Mechanisms on Human Rights
Established principles of customary international law of human rights include prohibition of torture and other cruel, inhuman or degrading treatment. International Human Rights conventions and regional legislations recognize this principle. But the vast majority of these texts have not been exposed to the concept of torture and therefore cannot distinguish it from other prohibited forms of ill-treatment, with the exception of the United Nations Convention against Torture and other cruel, inhuman or degrading treatment and regional conventions limited to defining torture, there is no other definition in the human rights conventions that addresses this concept.
It is noteworthy to add that the international law of human rights includes a definition of torture with no mention of other forms of ill-treatment. Some monitoring bodies concerned with human rights conventions as well as institutional regulatory bodies based on the Charter of the United Nations defined what constitutes torture in addition to cruel, inhuman, or degrading treatment. These entities set the standards to distinguish each concept which are characterized as dynamic and taking into account the requirements of the development of the international law of human rights, the flexibility and expansion of the practices which were not considered in the past nor covered by these concepts. The study displays the current search for these standards and concepts developed by the aforementioned organizations and the extent to which these notions became covered
Al Mousa, Mohammed Khalil
"The concept of Torture and other forms of Cruel, Inhuman or Degrading Treatment: Study on the Jurisprudence of International Oversight Mechanisms on Human Rights,"
UAEU Law Journal: Vol. 2013:
54, Article 7.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2013/iss54/7