Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.5: Right to Humane Treatment

Abstract

This chapter details Article 5, the right to humane treatment, which is set out under Chapter II on Civil and Political Rights of the American Convention on Human Rights (ACHR). Article 5 of the ACHR synthesizes Articles 7 and 10 of the International Covenant on Civil and Political Rights (ICCPR), since it is addressed both to “everyone” and more specifically to persons deprived of their liberty. While it is clear that individuals deprived of their liberty are not the only potential victims of violations of their integrity, Article 5 of the ACHR reflects the particular vulnerability experienced by persons deprived of their liberty, which is often highlighted in the inter-American human rights case law. Moreover, by formally affirming the fundamental values of integrity (Article 5-1) and dignity (Article 5-2) of the human being, the inter-American text is more explicit than the European Convention on Human Rights (ECHR), which does not explicitly refer to these fundamental values. In inter-American law, the prohibition of treatment contrary to the dignity and integrity of the human person, set forth in Article 5 of the ACHR, is also reaffirmed and clarified in the Inter-American Convention to Prevent and Punish Torture.