Torture

About: Torture is a research topic. Over the lifetime, 8173 publications have been published within this topic receiving 109895 citations.

Immunity versus human rights: the Pinochet case

Abstract: In the Pinochet case the former head of state of a foreign country has been held accountable for the first time before a municipal court for acts of torture allegedly committed while he was in his post. The unprecedented character of the case causes one to ask whether municipal courts may properly complement international tribunals in the enforcement of international criminal law, and, if so, to what extent a plea of immunity or non-justiciability may be available. The divide within the House of Lords on the interpretation of the scope of application of jurisdictional immunities to foreign heads of state as regards crimes of international law hardly hides a more profound conflict based on the different perception of what values and interests should be accorded priority in contemporary international law. This article argues that neither jurisdictional immunities nor act of state and other doctrines of judicial self-restraint are consistent with the notion of crimes of international law and that the quest for normative coherence should induce a reappraisal of the relationship between human rights law and the law of jurisdictional immunities.

Critical Evidence: The Politics of Trauma in French Asylum Policies

Abstract: However obvious it might seem today that victims of persecutions suffer from psychological consequences of the violence inflicted on them, its political implications are a recent phenomenon. In the last decade, asylum seekers in France, as in other European countries, have been more and more often subject to demands of psychiatric expertise to prove the cogency of their claim to the status of refugee. This social innovation results from the convergence of two processes: on the one hand, the rapid decline in the legitimacy of asylum, leading to increasing expectations for evidence to establish the reality of persecutions; on the other hand, the emergence of trauma as a nosographical category legitimizing the traces of violence. At the crossroads of these two histories, a social field, mainly occupied by NGOs, has developed to answer this new need for proof from state institutions, with an increasing specialization on victims of torture and on psychic trauma, the two dimensions being partially independent. The final paradox is, however, that in a context of generalized suspicion toward refugees, the recognition of trauma at a collective level is counterbalanced by its limited impact on the evaluation of individual cases.

Group Therapy for Refugees and Torture Survivors: Treatment Model Innovations

Abstract: The paper discusses varieties of group therapies with refugees and torture survivors and the logic behind enhancing traditional group therapies to fit the unique experiences of refugees and torture survivors. It discusses some lessons learned from practice and from empirical research and some recommended adaptations. Finally, it discusses the Center for Torture and Trauma Survivors' therapy group model for torture survivors and describes two of its variants: The Bashal group for African and Somali women and the Bhutanese multi-family therapy group. Group therapies, in this model, extend to community healing. One of the essential and innovative features of the model is that it focuses not only on treating individual psychopathology but also extends to community healing by promoting the development of social clubs and organizations that promote the values and culture of the graduates of the therapy group and the continuation of social support. New graduates from the group join the club and become part of the social advocacy process and of group and community support and healing. This model adds an ecological dimension to the traditional group therapy.

The Human Right to Health

Abstract: Few topics in human rights have inspired as much debate as the right to health. Proponents would enshrine it as a fundamental right on a par with freedom of speech and freedom from torture. Detractors suggest that the movement constitutes an impractical over-reach. Jonathan Wolff cuts through the ideological stalemate to explore both views. In an accessible, persuasive voice, he explores the philosophical underpinnings of the idea of a human right, assesses whether health meets those criteria, and identifies the political and cultural realities we face in attempts to improve the health of citizens in wildly different regions. Wolff ultimately finds that there is a path forward for proponents of the right to health, but to succeed they must embrace certain intellectual and practical changes. The Human Right to Health is a powerful and important contribution to the discourse on global health.

Politics By Other Means: Law in the Struggle Against Apartheid, 1980-1994

Abstract: 1. Glossary of Acronyms and Foreign Words 2. Speaking with the Ogre 3. Politics by Other Means? 4. Carving Loopholes in the Pass Laws 5. White Resistance to the Military 6. Seeking Recognition 7. Mpophomeni and the War in Ntal 8. State Terrorism:The Response of Law and Medicine to Police Torture 9. Censorship and the Closure of the New Nation 10. The Alexandra Treason Trial 11. Bakwena ba Magopa:The Last Forced Removal 12. Moutse and KwaNdebele:Ethnicity and Gender in the Challange to Grand Apartheid 13. Disestablishing Oukasie 14. The Roles of Law