Torture and Ill-Treatment Under Perceived: Human Rights Documentation and the Poor

Jensena, Steffen; Kelly, Tobias; Andersen, Morten Koch; Christiansen, Catrine; Sharma, Jeevan

doi:10.1353/hrq.2017.0023

Cited by 14 publications

(15 citation statements)

References 8 publications

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“…Yet, at the same time, for the very same reasons they are vulnerable to violence in the first place, it can also be difficult to create public sympathy for these people. In situations where the experience of torture and other forms of ill-treatment can be an all too common and taken for granted aspect of the encounter between the marginal and public officials, we need to be careful that the relatively less spectacular forms of torture, and the seemingly less virtuous survivors are not forgotten (Jensen, Kelly et al 2017).…”

Section: Exceptional Survivorsmentioning

confidence: 99%

The Struggle Against Torture: Challenges, Assumptions and New Directions

Kelly

2019

Journal of Human Rights Practice

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This short essay offers a broad and necessarily incomplete review of the current state of the human rights struggle against torture and ill-treatment. It sketches four widespread assumptions in that struggle: 1) that torture is an issue of detention and interrogation; 2) that political or security detainees are archetypal victims of torture; 3) that legal reform is one of the best ways to fight torture; and 4) that human rights monitoring helps to stamp out violence. These four assumptions have all played an important role in the history of the human rights fight against torture, but also resulted in limitations in terms of the interventions that are used, the forms of violence that human rights practitioners respond to, and the types of survivors they seek to protect. Taken together, these four assumptions have created challenges for the human rights community in confronting the multiple forms of torture rooted in the deep and widespread inequality experienced by many poor and marginalized groups. The essay ends by pointing to some emerging themes in the fight against torture, such as a focus on inequality, extra-custodial violence, and the role of corruption.

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Section: Exceptional Survivorsmentioning

confidence: 99%

The Struggle Against Torture: Challenges, Assumptions and New Directions

Kelly

2019

Journal of Human Rights Practice

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“…Despite the South African Constitution prohibiting torture and cruel, inhumane and degrading treatment, the country"s ratification of the United Nations Convention Against Torture (UNCAT) and its signing of the Optional Protocol to the Convention Against Torture (OPCAT) and other international instruments outlawing torture. 58 There is an urgent need to ratify Optional Protocol to the Convention against Torture in order to prevent torture and cruel, inhumane and degrading treatment and the establishment of correctional centres, police cells, psychiatric facilities, repatriation centres and places of safety for children and juvenile with regular visits. 59 In Namibia, among the positive remarks the CRC made was the institution of an Ombudsman, which had the mandate to deal with complaints about human rights violations, including those relating to children.…”

Section: Discriminatory Customary Practices On Gender Rights and State's Intervention Strategies In Kenyamentioning

confidence: 99%

Discriminatory Customary Practices Against Women’s Rights: An Account Of Intervention Strategies By Southern African Developing States

Raji

Akolokwu

2019

IIUMLJ

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Discriminatory customary practices against the protection of gender rights still thrive in many Southern African developing states despite domestic and international legal regimes to prevent them. These practices were borne out of customary inclinations of the patriarchal social system in most African communities, which hold women and the girl-child in perpetual subordination to the male. In other words, the African customary systems wrongly perceive the male gender as being naturally superior to the female. More so, the loopholes in the executive and legislative efforts to combat human rights abuses as well as judicial pronouncements and governmental apathy in eradicating abuses against gender discrimination towards women in the Southern African developing states are apparent. Consequently, discriminatory customary practices continue to thrive despite legislative framework protecting gender rights in the states. The methodology adopted in this paper is a doctrinal approach, which places reliance on legal materials that are enacted and enforced by African Developing states. The article examines international and states laws, norms, institutions, international and national publications and other international legal instruments relating to gender discrimination. Most importantly, the central attention of this study focuses on the discriminatory customary practices against women in the Southern African Developing States. The current study finds that, despite identifiable discriminatory customary practices which are still practised and condoned as being the lifestyle and tradition of groups are criminalized and declared abhorrent by specific domestic legislation of nations, the human rights of the girl-child and women continue to be in chains and fetters. In conclusion, this article advocates increased advocacy, judicial activism and more proactive legislative action that protect women and the girl-child in the Southern African developing states.

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“…At the macro-level such dynamics may mask structural factors such as the fact that the victims of harms such as torture belong to the poorest and most marginalised sections of society and this may struggle to mobilise and have their voices heard. 68 At the micro-level this can see some victims within victims' groups sively downplay their own experiences of harm where they have been injured through an incident in which other members of the group were bereaved. 69 In other cases the downgrading of harm experienced by particular victims is foisted upon them by other victims.…”

Section: Victim Of a Particular Harmmentioning

confidence: 99%

‘Victims of’ human rights abuses in transitional justice: hierarchies, perpetrators and the struggle for peace

Hearty¹

2018

The International Journal of Human Rights

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Torture and Ill-Treatment Under Perceived: Human Rights Documentation and the Poor

Abstract: This article addresses the question of how human rights practitioners know about harm. In particular, what forms of torture and ill-treatment are made legible through human rights documentation? We argue human rights docu-

Cited by 14 publications

References 8 publications

The Struggle Against Torture: Challenges, Assumptions and New Directions

The Struggle Against Torture: Challenges, Assumptions and New Directions

Discriminatory Customary Practices Against Women’s Rights: An Account Of Intervention Strategies By Southern African Developing States

‘Victims of’ human rights abuses in transitional justice: hierarchies, perpetrators and the struggle for peace

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