The Prohibition of Torture and Persons Living in Poverty: From the Margins to the Centre

Oette, Lutz

Abstract

Torture of persons living in poverty has traditionally been at the margins of human rights interventions that have primarily focused on political and conflict related torture. This article examines the extent to which the evolving practice of human rights bodies and organisations evidences an emerging paradigm shift. It finds that a combination of a growing body of empirical research, novel approaches by human rights organisations and the work of bodies such as the Subcommittee on Prevention of Torture has increasingly brought into focus the heightened vulnerability to torture resulting from economic marginalisation and discrimination. Drawing on evidence of innovative practices, the article develops the framework for a contextual approach to the interpretation and implementation of States’ obligations under the prohibition of torture that is alive to the realities of systemic violence and the nexus between poverty and torture.

Citation

Oette, L. (2021). The Prohibition of Torture and Persons Living in Poverty: From the Margins to the Centre. International & Comparative Law Quarterly, 70(2), 307-341. https://doi.org/10.1017/S0020589321000038

• Journal Article Type: Article
• Acceptance Date: Jan 18, 2021
• Online Publication Date: Mar 5, 2021
• Publication Date: Apr 1, 2021
• Deposit Date: Mar 8, 2021
• Publicly Available Date: Mar 8, 2021
• Journal: International and Comparative Law Quarterly
• Print ISSN: 0020-5893
• Electronic ISSN: 1471-6895
• Publisher: Cambridge University Press
• Peer Reviewed: Peer Reviewed
• Volume: 70
• Issue: 2
• Pages: 307-341
• DOI: https://doi.org/10.1017/S0020589321000038
• Keywords: human rights, torture, poverty, human rights, discrimination, human rights bodies, human rights organisations