2016
DOI: 10.1080/13642987.2016.1217518
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A critical reflection on the conceptual and legal foundations of the duty to prevent torture

Abstract: The present article elaborates on the legal and normative foundations of the duty to prevent torture. It argues that the content of this duty is both deceivingly simple and complex. The duty, as currently understood, requires States to take a range of legislative, administrative, and judicial measures to prevent acts of torture. However this range of measures and approaches opens the door to endless scenarios of potential relevance, that somewhat blur the content of the duty itself. In order to circumscribe an… Show more

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