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  • THE PROHIBITION OF TORTURE AND PERSONS LIVING IN POVERTY: FROM THE MARGINS TO THE CENTRE

  • Lutz Oette
  • Journal:
    International & Comparative Law Quarterly / Volume 70 / Issue 2 / April 2021
    Published online by Cambridge University Press:
    05 March 2021, pp. 307-341
    Print publication:
    April 2021
    • Article
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  • Torture of persons living in poverty has traditionally been at the margins of human rights interventions that have primarily focused on political and conflict related torture. This article examines the extent to which the evolving practice of human rights bodies and organisations evidences an emerging paradigm shift. It finds that a combination of a growing body of empirical research, novel approaches by human rights organisations and the work of bodies such as the Subcommittee on Prevention of Torture has increasingly brought into focus the heightened vulnerability to torture resulting from economic marginalisation and discrimination. Drawing on evidence of innovative practices, the article develops the framework for a contextual approach to the interpretation and implementation of States’ obligations under the prohibition of torture that is alive to the realities of systemic violence and the nexus between poverty and torture.