David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Value Inquiry 24 (4):285-300 (1990)
The right to be secure from torture, a right that encompasses moral as well as legal strictures against the practice, is supported by increasingly stringent human rights instruments. In this essay, I have discussed the principal instruments and their place in the anti-torture field considered broadly. The phenomenon of these international instruments foreshadows an ever-widening range of legal initiatives against torture, and is emblematic of the increasing importance attached to respect for human life and human dignity. The diversity of international treaties providing against torture such as, for example, The Convention on the Prevention and Punishment of the Crime of Genocide (1948), The Supplementary Convention on the Abolition of Slavery (1956), The International Convention on the Elimination of All Forms of Racial Discrimination (1965), and The International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), indicates the interconnectedness of a wide range of human rights issues.The boundaries that have been drawn around the violation constituted by torture are clearer at present than are those bounding many other rights. Rights commonly categorized as of an economic nature - the right to food and to development, for example - are undergoing processes of definition and implementation. One challenge of this paper is to generate procedures presently attached to such specific human rights violations as torture to rights with less clear parameters. In this way, the growing effectiveness of procedures against torture can serve in the long term to strengthen the bases of international human rights law while in the short term helping to expand the armory of procedures for the protection of less clearly-defined, rights. International human rights law offers a practical tool towards eliminating torture from states' instruments for governing and provides a model for the development of procedures in other categories of rights, while bringing universally declared moral aspirations and legal authority into closer alignment
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Fritz Allhoff (2005). Terrorism and Torture. In Timothy Shanahan (ed.), Philosophy 9/11: Thinking About the War on Terrorism. Open Court. 121-134.
Neven Sesardic (1998). From Biological Inhibitions to Cultural Prohibitions, or How Not to Refute Edward Westermarck. Biology and Philosophy 13 (3):413-426.
James Franklin (2009). Evidence Gained From Torture: Wishful Thinking, Checkability, and Extreme Circumstances. Cardozo Journal of International and Comparative Law 17:281-290.
Jeff McMahan (2008). The Morality of War and the Law of War. In David Rodin & Henry Shue (eds.), Just and Unjust Warriors: The Moral and Legal Status of Soldiers. Oup Oxford. 19--43.
Joseph Betz (2006). The Definition of Torture. Social Philosophy Today 22:127-135.
Added to index2009-01-28
Total downloads9 ( #147,458 of 1,096,360 )
Recent downloads (6 months)2 ( #130,630 of 1,096,360 )
How can I increase my downloads?