Denial of right to freedom from cruel, inhumane or degrading punishment

Cruel punishment
Unusual punishment
Degrading punishment

Nature

Article 5 of the Universal Declaration of Human Rights states: "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment". Article 7 of the International Covenant on Civil and Political Rights asserts: "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment". In particular, no one shall be subjected without his free consent to medical or scientific experimentation. In spite of these and national laws with similar guarantees, men, women and children are tortured, imprisoned, murdered and humiliated at the whim of officials in the majority of nations across the world.

Background

The denial of the right to freedom from cruel, inhumane or degrading punishment gained global prominence after World War II, as reports of torture and abuse in prisons and detention centers surfaced worldwide. The Universal Declaration of Human Rights (1948) and subsequent international treaties, such as the UN Convention Against Torture (1984), reflected growing recognition of the problem’s prevalence. Despite these efforts, persistent violations have underscored the ongoing challenge of ensuring universal protection.

Incidence

Islamic law provides for retribution or gisas, allowing murderers to be executed in the same manner as they had killed their victims. The law also provides for mutilation or flogging in the case of certain crimes. In 1994 a senior UN human rights official was accused of blasphemy for drawing attention to the inconsistency between these practices and various human rights conventions accepted by Sudan.

Claim

The denial of the right to freedom from cruel, inhumane, or degrading punishment is a grave and urgent problem. Such violations strip individuals of their dignity, perpetuate cycles of abuse, and undermine the very foundation of human rights. No society can claim to be just or civilized while tolerating such practices. Immediate action is essential to protect vulnerable people and uphold the basic principles of humanity and justice for all.

Counter-claim

The so-called “denial of the right to freedom from cruel, inhumane, or degrading punishment” is vastly overstated and not a pressing issue. Societies have laws and disciplinary measures for a reason—maintaining order and safety. Claims of widespread abuse are often exaggerated, distracting from real problems. Most systems already have safeguards in place, making this concern largely irrelevant in today’s world. Focusing on this issue is unnecessary and diverts attention from more significant challenges.