The Right Not to be Subjected to Inhuman or Degrading Treatment or Punishment (Term Paper Sample)

THE RIGHT NOT TO BE SUBJECTED TO INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
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This paper includes;
* The right’s theoretical perspective
* Meaning exploration of the right
* Practice-based viewpoint - Case study
* Prospects and challenges
* Overall conclusion
The right’s theoretical perspective
Article 3 of The Human Rights Act states; freedom from torture and inhuman or degrading treatment. The right protects us from; torture – physical or mental, inhuman treatment or degrading punishment, deportation or exile – being sent out to another nation to face offense charges and there is a stipulated risk of facing torture, inhuman treatment, or degrading punishment in the nation concerned. Public authorities are forbidden from inflicting this kind of conduct on us. They are also expected to protect us from anyone else who is treating us in this manner. If by any chance someone has breached this right, the authorities must intervene and stop it. It must also scrutinize credible accusations of such kind of treatment. This human right is definite; nothing satisfies subjecting people to cruel, inhuman, humiliating, or degrading treatment. Paradigms about what comprises cruel, inhuman/degrading acts have changed over time. The subjective element of how a person perceives the act and its effects is key to understanding the nature of the treatment.[BIBLIOGRAPHY Commission, E. a. H. r., 2019. Commission, Equality and Human rights. [Online] Available at: http:www.equalityhumanrights.com]
Meaning exploration of the right
Torture – the Convention against Torture defines torture as the deliberate infliction of acute pain or distress on someone. The law states that torture happens when someone intentionally causes severe and malicious suffering – mental or physical – to someone else, perhaps to intimidate someone, punish or obtain details or facts from them.
Inhuman treatment/punishment - the term inhuman means being merciless or insensitive. Inhuman treatment/punishment is any action or behavior that causes extreme mental or physical suffering. It includes; severe physical assault, barbaric or unpleasant detention conditions or confinements, psychological interrogation, threatening to inflict pain on someone, real and instant threat, and serious psychological or physical abuse in care or nursing settings.
Degrading treatment/punishment – an action is considered degrading treatment if it humiliates or undignifies someone. For a treatment to reach the “degrading” level, it depends on several factors. They include, but are not limited to; the time length of the action, its psychological or physical effects, and age, gender, health, and vulnerability of the sufferer.
Where the right applies
The right not to be subjected to inhuman or degrading treatment or punishment is applicable in many areas such as; Health institutions such as hospitals, nursing homes, mental health centers, and social care facilities, Residential homes, Law enforcement institutions – police, prison, and jail services, Immigration and sanctuary services, Educational institutions, and Home and domestic settings.
The Human Rights Committee states that, this right shield “in particular”, young