Jurisprudence of human rights treaty bodies
(Draft Article 11)

Accronyms:
CESCR: Committee on Economic, Social and Cultural Rights
HRC (ICCPR): Human Rights Committee
CERD: Committee on the Elimination of Racial Discrimination
CEDAW: Committee on the Elimination of All Forms of Discrimination against Women
CAT: Committee Against Torture
CRC: Committee on the Rights of the Child

Related references to Draft Article 11, paragraph 1

Human Rights Committee, General Comment no. 20 (Replaces general comment 7 concerning prohibition of torture and cruel treatment or punishment), para. 2: The aim of the provisions of article 7 of the International Covenant on Civil and Political Rights is to protect both the dignity and the physical and mental integrity of the individual. It is the duty of the State party to afford everyone protection through legislative and other measures as may be necessary against the acts prohibited by article 7, whether inflicted by people acting in their official capacity, outside their official capacity or in a private capacity.

Human Rights Committee, General Comment no. 20 (Replaces general comment 7 concerning prohibition of torture and cruel treatment or punishment), para. 5: The prohibition in article 7 relates not only to acts that cause physical pain but also to acts that cause mental suffering to the victim. In the Committee's view, moreover, the prohibition must extend to corporal punishment, including excessive chastisement ordered as punishment for a crime or as an educative or disciplinary measure. It is appropriate to emphasize in this regard that article 7 protects, in particular, children, pupils and patients in teaching and medical institutions.

Related references to Draft Article 11, paragraph 2

Human Rights Committee, General Comment no. 20 (Replaces general comment 7 concerning prohibition of torture and cruel treatment or punishment), para. 7: … The Committee also observes that special protection in regard to such experiments is necessary in the case of persons not capable of giving valid consent, and in particular those under any form of detention or imprisonment. Such persons should not be subjected to any medical or scientific experimentation that may be detrimental to their health.

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