How Do We Determine the Existence of Torture Today?
Year: 2026
Type: preprint
Abstract: A key question in the legal scholarship on torture consists in setting the criteria to differentiate it from other cruel, inhuman, and degrading treatment. This blog post shows in which ways the Inter-American Human Rights System can contribute to answering this difficult question. One is the idea of the need to consider both “endogenous” and “exogenous” factors in the determination of the gravity of the suffering. Another one is the understanding of torture as something linked to the attacked person’s personality and capacities.
Author: Claudia Cárdenas Aravena
Language: English
Topic: Torture, Ethics, and Law
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7225230372
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