Update: 19.08.2011

Torture and inhuman treatment, prohibition of

On this page you will find legal guarantees and other regulations from the Swiss Federal Constitution, the European and international human rights treaties and further documents under international law. This list is not intended to be exhaustive, as regulations from other regional treaties and topically similar safeguarding provisions of international humanitarian law are not included.

Federal Constitution  of the Swiss Confederation of 18 April 1999

(English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.)

Article 10 (Right to life and to personal freedom): [...] (3) Torture and any other form of cruel, inhuman or degrading treatment or punishment is prohibited.

European Convention for the Protection of Human Rights and Fundamental Freedoms

Article 3 (Prohibition of torture): No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Universal Declaration of Human Rights 

Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. 

International Covenant on Civil and Political Rights

Article 7: 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. 

International Convention on the Elimination of All Forms of Racial Discrimination

Article 5: In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [...]
(b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution; [...]

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

The content of this entire Convention is relevant, however we have detailed here the legal definition of torture found in Article 1.

Article 1: (1) For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. [...]

Convention on the Rights of the Child 

Article 19: (1) States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.
(2) Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement. 

Article 37: States Parties shall ensure that: (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age; [...]

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 

Article 10: No migrant worker or member of his or her family shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

(This Convention has not been ratified by Switzerland.)

Convention on the Rights of Persons with Disabilities

Article 15 (Freedom from torture or cruel, inhuman or degrading treatment or punishment): (1) 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 or her free consent to medical or scientific experimentation.
(2) States Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment. 

(This Convention has not been ratified by Switzerland.)

Sources:

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