Strengthening the Preventive Role of the Committee for the Prevention of Torture in Africa

Q3 Social Sciences

International Human Rights Law Review Pub Date : 2018-11-29 DOI:10.1163/22131035-00702004

I. Renzulli

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引用次数: 1

Abstract

The article provides a critical insight into the legal framework for the prevention of torture in Africa, with specific reference to the Robben Island Guidelines (rig) and its special mechanism, the Committee for the Prevention of Torture in Africa (cpta). The Guidelines undoubtedly represent a milestone in the development of a torture preventive work in Africa. They bring together a number of provisions covering different aspects of the prohibition and prevention of torture. However they do not elaborate and clarify what is meant by prevention as a concept and what it entails as a legal obligation. Furthermore the cpta’s interpretative drive has largely focused on the other, normatively more robust, areas of intervention, namely the prohibition of torture and redress for victims, at times conflating prevention with the prohibition of torture. If it is to live up to its name, the cpta needs to expand its understanding of prevention of torture. This in turn will allow it to play an important role in detecting, collecting, analysing data and information on situations of risk in Africa, and formulating new and appropriate context-sensitive strategies for the effective prevention of torture.

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加强非洲防止酷刑委员会的预防作用

这篇文章对非洲预防酷刑的法律框架提供了重要的见解，具体提到了《罗本岛准则》(rig)及其特别机制——非洲防止酷刑委员会(cpta)。《准则》无疑是非洲预防酷刑工作发展的一个里程碑。它们汇集了涵盖禁止和预防酷刑不同方面的若干规定。但是，它们没有详细说明和澄清预防作为一种概念的含义以及预防作为一项法律义务的含义。此外，cpta的解释动力主要集中在其他规范上更有力的干预领域，即禁止酷刑和对受害者的补救，有时将预防与禁止酷刑混为一谈。如果要名副其实，cpta需要扩大对预防酷刑的理解。这又将使它能够在发现、收集、分析非洲危险局势的数据和资料，以及为有效预防酷刑制定新的、适当的、对情况敏感的战略方面发挥重要作用。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

International Human Rights Law Review Social Sciences-Law

CiteScore

0.80

自引率

0.00%

发文量

期刊介绍： The International Human Rights Law Review (HRLR) is a bi-annual peer-reviewed journal. It aims to stimulate research and thinking on contemporary human rights issues, problems, challenges and policies. It is particularly interested in soliciting papers, whether in the legal domain or other social sciences, that are unique in their approach and which seek to address poignant concerns of our times. One of the principal aims of the Journal is to provide an outlet to human rights scholars, practitioners and activists in the developing world who have something tangible to say about their experiences on the ground, or in order to discuss cases and practices that are generally inaccessible to European and NorthAmerican audiences. The Editors and the publisher will work hands-on with such contributors to help find solutions where necessary to facilitate translation or language editing in respect of accepted articles. The Journal is aimed at academics, students, government officials, human rights practitioners, and lawyers working in the area, as well as individuals and organisations interested in the area of human rights law. The Journal publishes critical articles that consider human rights law, policy and practice in their various contexts, at global, regional, sub-regional and national levels, book reviews, and a section focused on an up-to-date appraisal of important jurisprudence and practice of the UN and regional human rights systems including those in the developing world.