Ban of Tortures as a Method of Acting Against Violence Directed Towards Subjects which are Particularly Vulnerable

Abstract

The “Ban of Tortures as a Method of Acting Against Violence Directed towards Subjects which are Particularly Vulnerable” article covers the issue of freedom from tortures and the issue of inhuman or humiliating treatment. The need to provide the humans with specific legal protection from the attacks on their lives, health, freedom, integrity and dignity made the international community aware that the aforesaid values shall be legally protected. The documents from the field of human rights, referring to the prohibition of tortures, along with the case law of the international courts issued within that scope show that freedom of tortures is considered to be a jus cogens norm – a norm which is an absolute, in case of which no departure is permissible. The present article takes a look at the subjects which are sensitive and remain vulnerable to being subjected to violence: persons who were detained and are held in custody, women, foreign nationals and children.