3 Establishing the Optional Protocol to the United Nations Convention against Torture
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Malcolm D. Evans
Abstract
This chapter sets out the background to the Optional Protocol to the United Nations Convention against Torture (OPCAT) and how it developed over a 25-year period from a proposal to be incorporated into the text of the UN Convention against Torture itself into a freestanding legal instrument establishing the largest and most distinctive of the UN human rights treaty bodies. Along the way, the difficulties faced in bringing this project to fruition also resulted in the adoption of the European Convention for the Prevention of Torture, and at a very late stage the addition of ‘National Preventive Mechanisms’ into the OPCAT system. It provides an important case study concerning the generation of international human rights instruments over time and provides essential background for understanding the work of the OPCAT system today.
Abstract
This chapter sets out the background to the Optional Protocol to the United Nations Convention against Torture (OPCAT) and how it developed over a 25-year period from a proposal to be incorporated into the text of the UN Convention against Torture itself into a freestanding legal instrument establishing the largest and most distinctive of the UN human rights treaty bodies. Along the way, the difficulties faced in bringing this project to fruition also resulted in the adoption of the European Convention for the Prevention of Torture, and at a very late stage the addition of ‘National Preventive Mechanisms’ into the OPCAT system. It provides an important case study concerning the generation of international human rights instruments over time and provides essential background for understanding the work of the OPCAT system today.
Kapitel in diesem Buch
- Front Matter i
- Contents iii
- Acknowledgements vi
- Introduction 1
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The Solution
- What Is Torture? 17
- Why Prevention? 34
- Establishing the Optional Protocol to the United Nations Convention against Torture 49
- What the Optional Protocol to the United Nations Convention against Torture Requires 65
- The Visiting Mandate of the UN Subcommittee on Prevention of Torture 84
- The UN Subcommittee on Prevention of Torture and National Preventive Mechanisms 102
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The Problem
- Visits: An Insider’s Story 123
- Accepting the Unacceptable 139
- Excusing the Inexcusable 149
- Prescribing the Inappropriate 160
- Working with Fictions 171
- Thinking Positively about Prevention 184
- References 199
- Index 203
Kapitel in diesem Buch
- Front Matter i
- Contents iii
- Acknowledgements vi
- Introduction 1
-
The Solution
- What Is Torture? 17
- Why Prevention? 34
- Establishing the Optional Protocol to the United Nations Convention against Torture 49
- What the Optional Protocol to the United Nations Convention against Torture Requires 65
- The Visiting Mandate of the UN Subcommittee on Prevention of Torture 84
- The UN Subcommittee on Prevention of Torture and National Preventive Mechanisms 102
-
The Problem
- Visits: An Insider’s Story 123
- Accepting the Unacceptable 139
- Excusing the Inexcusable 149
- Prescribing the Inappropriate 160
- Working with Fictions 171
- Thinking Positively about Prevention 184
- References 199
- Index 203
