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| Title: | Torture and cruel, inhuman and degrading treatment or punishment in the UN Convention against Torture and other instruments of international law: recent developments in South Africa |
| Author: | Keightley, Raylene |
| Year: | 1995 |
| Periodical: | South African Journal on Human Rights |
| Volume: | 11 |
| Issue: | 3 |
| Pages: | 379-400 |
| Language: | English |
| Geographic term: | South Africa |
| Subjects: | international agreements torture offences against human rights |
| External link: | https://doi.org/10.1080/02587203.1995.11827572 |
| Abstract: | South Africa's signature of the UN Convention against Torture means that it has obvious significance for the country. This paper first examines the definition of torture contained in the Convention. However, since much of the international jurisprudence on torture and cruel, inhuman or degrading treatment has been developed by other international fora, in particular the European Commission and Court of Human Rights and the UN Human Rights Committee, this jurisprudence is also examined in order to give some idea of the thinking behind the interpretation of the concepts in international law. The second part of the paper concentrates on developments that have recently taken place in South Africa in the area of torture and other forms of ill-treatment. The recent decisions on capital and corporal punishment by the Constitutional Court are discussed insofar as they relate to the question of cruel, inhuman or degrading treatment or punishment. The implications of the Promotion of National Unity and Reconciliation Act (Act 34 of 1995) for South Africa's international obligations in respect of torture are also considered. Notes, ref. |
